Commercial Bank Loans Mortgage Research

The realiTation about the right of hypotheca is one of the most important partsof the legal system of hypotheca. The existing realization system of hypotheca iscomparatively weak and feeble, not enough to meet the demand of economy andpractice. This caused to produce a great deal of bad loan, thusdisadvantageous in the development of the economy and the stability ofthe society.It is very important to huge mortgage loan that the right of hypothecais able to realize in time. Or it will affect the development of the economyand society.Therefore, this paper attermpts to make a profound research on the realizationsystem of hypotheca from all kinds of cases. By the means of comparison historicanalysis and economic analysis, this thesis renders a comprehensive analysis of therealization of hypotheca in respect of its prerequisites. Furthermore, a fewconstructive recommendation to improve the existing system are put forward inorder to promote the establishment of a strict and highly-efficent realization ofhypotheca.This paper, based on the above-analysis aims, makes an relative andsystemic analysis of the content and academic basis of the realization ofhypotheca, history development and the practice of the realiTation of thehypotheca, and the hamper questions of five aspects to the realization of thehypotheca, and the designation for reforming and perfecting our realizationsystem of the hypotheca and so on.Except for the preface and conclusion, the paper is divided into threechapters:ChapterⅠ: The basic idealistic about the realiTation of hypotheca. In thischapter, the writer mainly introduces something about the common meanings of the realization of hypotheca, the basic characteristic of the realization. the writermakes a simple introduction and analysis of the history development of therealization of hypotheca, focusing on legislation forms of the realization ofhypotheca. This part also includes the analysis of the retum of the realization ofhypotheca.ChapterⅡ: the hamper of the realization of hypotheca of commercialbank. In this chapter, the writer analysis all kinds of hamper questions from thelegislation, administration ,the society politics, the commercial bank, and so on.The analysis of this part lies in announce to public all factor that preventthe realization about the right of hypotheca. Some factors seem to beinsignificant, but can bring bar to the realization about the right ofhypotheca.ChapterⅢ: the suggestions of the realization about the right of hypothecaof the commercial bank. If want to contstitute of the system of our realizationabout the right of hypotheca, we should firstly clear some academic obstaclessuch as the conflict and hamony between the right of hypotheca and other assurepriority right between different laws. The writer try to design the main legislationflame of the constract of the right of hypotheca in order to protect the right ofhypotheca of the commercial bank.