The Maximum Amount Of The Mortgage System Study

The mortgage of maximum amount is special mortgage, Compared with general mortgage, The mortgage of maximum amount has its irreplaceable function. It's convenient and swift to the long-term, continuous business in the economic activity. However, since Chinese legislation deficiency on the guarantee law , The mortgage of maximum amount has not played its proper role. The thesis analyses the concept, the characteristics, the establishment, the effectiveness, and disposal issues of the mortgage of maximum amount, and discusses the relevant provisions of the mortgage of maximum amount in the guarantee law, and also presents authors' views.The thesis has five parts:The first part studies basic theory of the mortgage of maximum amount, the mortgage of maximum amount is a legal system that the persons related sign a contract to guarantee the unspecific credit rights based on a continuous relationship in a time, with the worth of the guaranty. The part also discusses the legislative value in safety and effectiveness, and explores the history of the mortgage of maximum amount in our country and foreign.The second part presents the establishment of the mortgage of maximum amount. In author's opinion, for the establishment of the mortgage of maximum amount, besides for according to the relevant provisions of the ordinary Mortgages, it is important to calculate the maximum claims, and the supreme mortgage, it is also important to master the basal legal relationship that applying for the mortgage of maximum amount.The third part studies the effectiveness of the mortgage of maximum amount. This part includes the range of creditor's right of the mortgage of maximum amount, the right and obligation of creditor and mortgager, and the relationship between the mortgage of maximum amount and other mortgage.The forth part expounds the disposal issues of the mortgage of maximum amount.