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Financial Mortgage History, Theory And Legislative Study

Posted on:2007-09-26Degree:MasterType:Thesis
Country:ChinaCandidate:R LiFull Text:PDF
GTID:2206360185983570Subject:Law
Abstract/Summary:PDF Full Text Request
The theme of the thesis is about inventory mortgage that is a new kind of financial mortgage system. The thesis is divided into three parts except the introduction and the conclusion.The first part introduces the history of inventory mortgage. In the section the author investigates the forming process of the inventory mortgage from economic foundation on which the inventory mortgage produces include the fast development of social commodity economy, the gradual expansion of the enterprise operational scale and the vast finance requirement that the enterprise expansion invokes. The theoretical foundation on which the inventory mortgage produces include the efficiency considered as the main value of the mortgage system and the financial function considered as the main function of the mortgage system.The second part studies mainly about the theory of inventory mortgage. It is the most important chapter in the thesis. Its goal is to make up of comprehensive and systematic theory of inventory mortgage. The principal theory of inventory mortgage contains six sides: 1)the concept and characteristics of inventory mortgage ;2)the contract of inventory mortgage ;3)the registration of inventory mortgage ;4)the scope of inventory mortgage validity;5)the content of inventory mortgage validity;6)the realization and extinction of inventory mortgage. The paper argues the six sides according to the research mode of the traditional mortgage. Section 1 introduces specifically the concept and characteristics of inventory mortgage. Section 2 analyzes the feature of inventory mortgage contract from four sides including subject, object, content and form. Section 3 states specifically the registration procedure of inventory mortgage in Japan where the inventory mortgage has developed very well. Section 4 interprets the scope of inventory mortgage validity from the scope of credit that inventory mortgage guarantees and the scope of the object with regard to inventory mortgage validity. Section 5 clarifies the content of inventory mortgage validity from right to mortgagee and right to mortgagor .At last section 6 states the realization conditions and ways about inventory mortgage and the extinctive reasons of inventory mortgage. The reader will have a more comprehensive and deeper comprehension after reading the chapter.
Keywords/Search Tags:Inventory mortgage, Floating charge, Collective mortgage of corporate properties, Real right legislation
PDF Full Text Request
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