Study Of Real Estate Mortgage Legal System

The Real Estate mortgage loans is the main line combines the Roman-Germani civil law tradition with the mortgage theroy and Anglo-Amercian common tradition with the theory of security,this article reviews the legislation of mortgage from the angle of the legal nature,effectiveness and the publicity system perspective reflections.Then the author forecasts the development of our Real Estate mortgage system and gives a prospect of personal recommendations.The article is divided into five parts: the first part is about the origins and development of the mortgage;the second part is about the legal nature of Real Estate mortgage analysis;the third part concentrates the legal relationship Real Estate mortgage research; the fourth part is about the mortgage register system and the fifth part is about the status of the Real Estate mortgage rethinking.In the first part of this paper, through the introduction of mortgage etymology and the United States and China's Hong Kong region historical origins and development, introduced the United States has experienced from hypotheque mortgage of the property transferred to the common law of the evolution of security, The right of redemption and the shift of property ownership are the symbols of the mortgage system from the other main security system. This part introduces the formation and development of the mortgage to further explore specific articles laid the theoretical foundation, and reveals the significance of Real Estate mortgage of our status.Commercial building mortgage legal nature is always the focus of the civil law scholars have been discussed and questioned .The second part is basised on the study of the legal nature through the United States and China's Hong Kong region, compares with the hypothecation,impawn,transferred guarantee,the legal nature of mortgage of future hypothecation,impawn,transferred guarantee,thelegal nature of mortgage of future property is transferred guarantee in China.In the third part of the article, the author analyzes all sorts of relationship of mortgage of commercial building,and thinks the legal relationship of law with respect of mortgage of...