The Effectiveness Of The Mortgage

Mortgage is one of real rights for security that dominates exchanging value of estate under mortgage , the remarkable symbol is that not transfering the possessing of subject matter.In real rights of security , mortgage has the most effect of real right , so as to the effect of security, it has also the goode reputation of "real crown in security."The effect of mortgage is the core of system of mortgage , it is also the important sector for materialization of the mortgage . The definition of the effct of mortgage is that mortgagee obtains the claim of preferential payment form certain scope of estase under mortgage in certain scope of creditor's right and the influence of other properties relating to estate under mortgage, or is that the effect of preferential payment of estate under mortgage in the scope of criditor's right including the ristriction and influence for other properties .The author discussed the effect of mortgage in this article from the next aspects , the effect of creditor's rignt, the effect of estate under mortgage , the effect for mortgagee , the effect for mortgagor , the effect between mortgage and other rights of properties , the materialization's effect of the mortgage .The author has also done some analyses with substantial evidences for some controversial issues linking with "the guarantee law"and "the interpretion law of guarantee."The author put forward some proposals for legislation linking with judicial practice, for example , the damages should not be included in the scope of creditor's right, the expenses to save from damage of mortgage should be included in the scope of creditor's right , the preferential payment of accession things should be restricted according with the original value , the legislation should adapt the fixed doctrine in sequence for the preferential payment of mortgage , the mortgage of houses in countryside didn't have the reality and so on , the author expected to learn from the seniors of academic circles and colleagues for the above issues.