The Effectiveness Of The Mortgage

For the present there are serious credit crisis in our country, and the bad creditor's rights due to the lack of credit have become the big barrier of market economy's normal operation. So it's an urgent task of our cities to study the system ofobligation's guarantee------mortgage right system, guarantee the realization ofcreditor's rights, reinforce the social credit. However in the practice and theory research of mortgage right the efficacy of mortgage right is the kernel. And it's the efficacy of mortgage right that need to be perfected in our legislation. So the writer applies the methods of contrast analysis, law-economy discipline, interest-weighing and analysis of practice and so on comprehensively to study the problem of the efficacy of mortgage right, and comment the counterpart in the draft of property law, to improve the mature of mortgage right's theory and the perfect of mortgage right's legislation. The article can be divided to be six sections:The first part is the basic theory of mortgage right, and consists of the mortgage right's definition, characteristic and essence. This is the base of construction of mortgage right. Mortgage right refers to the right that creditors have the priority of clearing off the debts on the exchange value of real estate, personal estate and rights provided and possessed by the debtor or third party to guarantee the creditor's rights. Mortgage right belongs to real right, and has the characteristic of real right such as the essence of legality, priority, control, exclusiveness and claim. However the goal of mortgage right is to security the realization of creditor's rights, mortgage right has the essence of subordination, no-division which is different form the real right. At last, mortgage right is the right that controls the exchange value of mortgage matter to enjoy the priority of clearing off the debts, so it has the essence of value and subrogation.The second part is the problem of obtain of mortgage right. On the average the mortgage right has legal efficiency from it's existence. So the essence of mortgage right's efficiency is the problem of obtain of mortgage right. In our country the...