Common Mortgage System Research

In the increasing pace of economic development today, the common law system, the important role of mortgage has become increasingly prominent, it is not only an important financial intermediary, but also in promoting the best use, protection of creditor, the establishment of mutual trust and mutual lenders have also played a very important role, both lenders and borrowers, in broadening financing channels, to promote rapid economic development is of great practical significance. Civil law countries are more clearly defined common security system, such as:France, Germany, Italy and other countries. In the more developed countries, legislative, not only clearly gives the mortgagee the right to freedom of choice, as well as claims involving the common interests of both mortgage protection also provided clear guidelines and judicial interpretation of perfection. The size of the common security role lies in the structure of the common security system, in a sense, the system also depends on the merits of the construction, but the relevant Chinese laws, there is no clearly defined common security system, the mortgage guarantee system in China "Property Law", "Guarantee Law" and "Guarantee Law of judicial interpretation" is only part of the terms it relates to the common security system concepts, but can not form a complete legal system, but these provisions in solving practical problems appeared to be inadequate, while In judicial practice, and common security in the form is there, and the legal system is not comprehensive, not from a legal perspective to resolve objects on the guarantor's subrogation rights, claims and after the order of the mortgagee's right of subrogation, etc., resulting in actual law enforcement a certain gap in the law and sentencing errors.Based on the common security system and how to improve the specific legal provisions to consider the idea of urposive point of view, make a brief exposition is divided into five parts:The first part of the mortgage from the common definition, defining characteristics of the starting, respectively, with financial mortgage, floating charge, the maximum mortgage, compared to distinguish between Repeated Mortgage, and highlights several types of mortgages together, and the joint mortgage is how to set up and publicityThe second part describes the common nature of the security, is divided into a single mortgage, said mortgage, said complex and said that such a compromise.The third part based on how the effectiveness of the common system of mortgage system for the ideas and creativity in the jointly proposed to reflect the mortgage system in the free choice of the mortgagee the right to split the amount and distribution and the ratio of share price to protect their own interests such as the applicable principles.The fourth part focuses on how to effectively protect the mortgagee, including the debtor, guarantor and post material on the order of the mortgagee's rights, etc. were discussed in many ways to find a better solution, and the protection of the right of subrogation also described.The fifth part based on how the mortgage system from the common system built in the legislative point of view, drawing on our existing laws and regulations, judicial interpretations and the West co-founded mortgage system, the corresponding legislative proposals to hoping to make the legal system early in our legal system to establish and promote China's economic development.