Font Size: a A A

The Effect Of Security Interest In The Condition Of The Principal Debt Limitation Is Expiration

Posted on:2012-03-13Degree:MasterType:Thesis
Country:ChinaCandidate:M YangFull Text:PDF
GTID:2236330368978619Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The "The property law of People’s Republic of China" (shorted for property law) was already put into effct on October 1,2007. To compare with"The Guarantee Law"and its judiciary interpretation, the property law has made a lot of new regulations in the field of security interest.The regulations of three forms of guarantee—mortgage, impawn and lien—constitute the core of the current guarantee law in our country. However, in practice, we find that there are some conflicts and defects in the guarantee law, which block the normal function and especially lead to the different opinions by some scholars in existing time.Though no limitation is specially prescribed for security interest, where the limitation period for the principal creditor ends. The security interest shall affected, because security interest has the dependency.This article tries to explain the reasons and institution design of existing time that the mortgage right, impawn right and lien right should have in the security interest in our country. In addition to the introduction and conclusion, the full text is divided into four parts.First part, introducing the current different legislation in the system about the security interest of some other countries mainly, describing the relevant legislation, stipulating the respect during mortgage in our country emphatically. Expound the fact our country study the science circle to mortgage different view.Second part, through to the analysis and understanding of the security interest essence, study mainly security interest’s period of continued existence and scheduled period.Concluded that security interest may adopt independent prescription.Third part, the article make clear that the necessity of the time specifications. In addition, the feasibility of system design has been discussed.Last part, through to three cases to narrate the concrete problem among the judicial practice at presen and author’s opinion to the system during the existing time of security interest.
Keywords/Search Tags:Security interest, Limitation, Scheduled period, The effect of security interest
PDF Full Text Request
Related items