Mortgagee Effectiveness Analysis Of A Number Of Issues

Market economy exchanges economy, is the risk economy too, the mortgage lightens and even dissolves one of the important legal systems of the trade risk. And the effect of the hypothec is the core of the system of the mortgage, dispute on bigger in theory too, legislate to have more loophole, does not know the link of one in practice. For this reason, the question that the author draws up the hypothec and renders a service combines legislating both at home and abroad and relevant legal principles, launch analysing, have put forward some one's own views.This text divides four major parts altogether:First part ,The generalization that the hypothec renders a service, the author proceeds with nature of the hypothec, think the hypothec is a real right in essence, therefore the content of summarizing the hypothec and rendering a service should include arranging rendering a service, chasing and rendering a service , having priority to render a service , render a service to generation;On the other hand, because the hypothec belongs to the typical real right of pledge, have general attaching to nature and specific independence with the effect of the hypothec compared with usufruct of ownership, getting specific , separability , characteristic , location of, previous generation of thing .Second part ,About hypothec chase it and can't render a service,author through for civil law not traditional about the fact that hypothec chase and analysis of theoretical foundation not render a service, think that protects the pledgee's interests by way of restraining the mortgagor from punishing right , than give hypothec in order to chase and render a service , can balance mortgagor , pledgee , interests of third person even more, favorable to the flow of the security of the trade and social more resource.The third part ,One that is about hypothec preferential to render a service, author carry on discussion from hypothec absolute and relativity two aspect rendered a service to have priority, what is called absolute, creditor's rights refering to having mortgages that guarantee take precedence over the creditor's rights that have not guaranteed definitely but repaid;The so-called relativity, while meaning that there are several pieces of real right of pledge on thesame thing, it is relative that the hypothec is preferential. The effect order of every real right of pledge and its relation with hypothec at this moment, become the focal point that the author discusses.The fourth part ,About range that hypothec render a service, author render a service from range and hypothec of creditor's rights hypothec guarantee subject matter range two in one's power describe. In the range of the creditor's rights assured of the hypothec, the author has discussed mainly main creditor's rights , interest , main creditor's rights of serving hypothec in one's power grow in the ranges of the fruits , damage awards;In the subject matter range that the hypothec renders a service in one's power, the author has discussed the main thing mainly (probe into question of can be regarded the mortgage token as by building under construction mainly among them), from thing, from right, attached object, take the place of location thing , enclose thing , mortgage catch fruits render a service concrete range identification of target in one's power as hypothec.