Transfer Of Collateral Involved In The Effectiveness Of Inspection And Analysis

Some people are involved in disagreement during transfer of mortgage, and the complicated law relationships between them are formed. At the same time, transfer of mortgage may also result in the conflicts between the dispose right of the mortgager and the right to mortgage owned by the mortgagor and the right of the transferee of the object of pledge. The following are the statements by comparing analysis, standard analysis and the analysis of the balance of interests.Firstly , in our country, in terms of different views of legal conflicts of the object of pledge transfer and the academic different views, some practical presented. According to《the advice on several problems of general principles of the civil law》,it is not valid for the person who is not the creditor doesn't have the right to transfer . According to the item 49 in《the guarantee law》,it's also invalid for the mortgagor who facts to notify the mortgagee or inform the transferee .According to the law about the possession right, the item 191 restated that the mortgage who doesn't get the permission of the mortgagee shall not transfer the possessions.Next, it is about the contract which is set up by the object of pledge and its effect. The contract about the object of pledge transfer which is made between the mortgagor and transferee shall be the same as the common one. Whoever breaks the agreement or doesn't carry out the obligation shall answer for it according to the contract. It is widely believed that the object of pledge transfer is permitted in every part of world, which is confirmed by means of investigating in Germany , France, Japan and Taiwan Island in China. Article is introduce include about the effect between the object of pledge and mortgagee, take some developed countries for example, such as Germany and so. They agree on the traditional protection of the mortgagee----the recourse right to mortgage .Finally , the article is mainly out the effect about the object of pledge transfer to the mortgagor. Compared to the no limitation about the law of the object of pledge transfer in many countries, and the combination of the history of our country about the summary of our limitation about transfer for the legal person, according to disadvantage of the two current effective means about the object of pledge transfer. During the object of pledge transfer, the kind transferee has paid the mortgagor. on the other hand, the transferee may face the risk that the mortgagee put. There are three methods in the world of protection the interests of the transferee, that is, the right to warrant of defects, the right to price discharge and the elimination right. By comparing and analyzing , the author believes that in our country the system should be further improved about the right to price discharge .