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Research On Legal Problems Of Registration Of Real Estate Mortgage In Our Country

Posted on:2012-08-13Degree:MasterType:Thesis
Country:ChinaCandidate:M XuFull Text:PDF
GTID:2216330371953415Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
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 legal problems of register of real estate mortgage have arisen in the development of real estate industry. Since a lot of problems exist in real life which are inconsistent with Property Law, the research concerning register of real estate mortgage in our country is of great importance.This essay based on the real estate mortgage practice in our country concentrates on theoretical analysis of register of real estate mortgage. It mainly deals with these issues as follows. First, the conception and legal value of register of real estate mortgage. This section mainly discusses four issues, namely, the conception of register of real estate mortgage, system of publicity, the effectiveness of register of real estate mortgage and the difference between Gurantee Law and Property Law. Second, the types of register of real estate mortgage. The types of register of real estate mortgage in our country are as follows: the mortgage of the right to the use of the land, the mortgage of constructing project, the mortgage on forward house property and the mortgage of house property. Third, the operation of register of real estate mortgage in our country. In this section, the author selects several cases to analyze two issues. One is about the chief defects existing in the current register system. The other is that the above-mentioned defects may impair the rights and interests of the mortgagee. Fourth, proposals to make the rules and regulations of register of real estate mortgage perfect. In this section, the author points out that it is necessary to establish the register system of real estate mortgage with 4 unified principles which contain the legal system, the register agency, the procedure and the information system. Fifth is about the conclusion. This section mainly reviews its content on the whole.
Keywords/Search Tags:real estate, mortgage registration, legal problems
PDF Full Text Request
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