Multiple Collateral Legal Issues In Real Estate Development Research

As an important financing channel, the security interest is playing an increasingly important role in our economic life, especially in the field of real estate industry. However, the problem of multiple mortgages has arisen in the development of real estate. Namely, the mortgage of the right to the use of the land, the mortgage of constructing project, the construction contractor' s compensation-receiving priority and the mortgage on forward house property may exist in the same building. Different mortgages are set by different obliges, which will consequently result in conflicts among the obligees.This thesis first defines the multiple mortgages of real estate, analyzes the legal nature and relationship among those mortgages, then clears up the disputing opinions hereof, focuses on the academic issues concerning the interlace between the right and responsibility in the multiple mortgages. Based on the research above, this thesis brings forward a resolution keeping every party's benefit balanced.The resolution to this problem under current law is inconsistent with legal principle and public policy, and thus need to be improved. Meanwhile, the academic studies in this field are rare, and related opinions remain in dispute. Therefore, academically, the research concerning multiple mortgages in the development of real estate is of great importance. This thesis focuses on seeking a resolution keeping every party's benefit balanced, in the hope of being beneficial to the healthy development for Chinese real estate industry.