| The real estate mortgage means that the mortgagor uses his real estate without transferring the way of occupancy to provide guarantee of obligation for his mortgagee. To enact the real estate mortgage need register by law. The real estate mortgage is extremely widespread in the society, with much dispute. The relation and the result of the real estate mortgage reflect many related problems of the current laws. With the real estate mortgage market increasingly prosperous, the law problems are gradually paid attention to. Currently the laws and regulations about the real estate mortgage mainly have: , and . With affirming the positive effect of above-mentioned three laws, we must realize that there are still many law problems needing thorough research in the real estate mortgage.There are two main reasons for these phenomena. Speaking from the macroscopic aspect, the contradiction between the increasingly change of the real estate mortgage market and the stable of the related laws, is the source of these phenomena. Speaking from the microscope aspect, above-mentioned three laws need perfect. is too simple on the real estate mortgage, and the law blank district is excessive. In , various blemishes of mortgage get the most reflection on the real estate mortgage. In , its aim over-emphasizes administrative management, and many places go against the basic theory of mortgage. Therefore, with perfecting the system of the real estate mortgage, research of the real estate mortgage becomes the purpose of this paper.Follow above-mentioned thought and this paper have five parts:One, the form of the real estate mortgage. This part inquired into three forms of... |
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