On The Development Of The Creativity Of Postgraduates

The mortgagee exercised during mortgagee debt have reached a settled period orif the parties have agreed that the case, by agreement with the mortgagee or requestthe People’s Court of the auction or sale of the mortgaged property, and be paid out ofthe proceeds of its priority claim, claims period. The mortgagee to exercise during settheory is based: the one hand, the mortgagee exercise during exercise claims exercisephase bundled mortgagee, which is conducive to the realization of the security claims,maintaining a static transaction security; On the other hand the mortgage debt andmortgage The exercise of the right of such a bundled set a deadline beyond the periodfor exercising the law will give priority to the protection of the interests of themortgagor, the lifting of the collateral debt bondage, removing obstacles to play thematerial flow performance and new financing function.Currently, setting the mortgagee to exercise has become a consensus. Ofmortgagee exercising during legislative With the development of China’s marketeconomy, and continue to be adjusted. The first principle of the Guarantee Lawprovisions to guarantee law to interpret the provisions of Article12, and finally to theProperty Law Article202mortgagee mortgages shall be exercised in the maincreditor litigation limitation period; unexercised, the people’s court shall notprotection ". The provisions of the Property Law to solve the problem of the effectiveconvergence of the exercise period of the limitation of actions with the mortgagee.,"Property Law" Perfection of Legislation on the road during the exercise of themortgagee go not very far, the resulting new issues. These problems are concentratedin three aspects: First, the concept of priority interests of the mortgagee the lead rightimbalance; unfolded in the legislative measure in the interests of the mortgagee andthe mortgagor, protection of the interests of the mortgagee (or said claims) is alwaysin a very privileged position, which is reflected in the judicial application of creditorsto protect the principle of giving priority, but this concept is a direct result of themortgagor rights have been infringed, the utilities of unlimited repression. The secondis linked to the limitation of actions and exercise during explain disputes; mortgageeshall exercise mortgagee the main creditor litigation limitation period will not beprotected, or the People’s Court. Judicial application of the current situation, the effectof such linkages exist after the expiry of the nature of the exercise period and exerciseduring the two major disputes, the dispute is a direct result of the large number codefendant different sentence in the judicial. Convention the invalid ’causeincidental to ease the plight of. Convention invalid answer is whether the agreed uponduring the exercise of the mortgagee under the existing legislative framework. Thisled directly to the mortgagee to ease the plight of incidental. Behind this dilemma isthe weakening of the mortgage system function.Theoretical disputes and judicial applicable plight is bound to promote theexercise of the mortgagee in China during the legislative perfect. This best path202of the Property Law modifications and further added. The specific the perfect threesteps: The first is to allow convention mortgagee exercised during the period.However, for the protection of creditors, the agreed time period should be performedin the principal debt after the expiry of the period. If there is no agreement asmortgagee Zeyi the existing main creditor litigation aging during the exercise period.Second is clear more than the mortgagee exercised during the mortgage eradication.Mortgagee during the elimination of the performance behavior, regardless of thedebtor to perform the behavior or the performance behavior of the mortgagor does nothave the force of law. Finally, the accompanying obligations of the mortgagee.Require the mortgagee to fulfill the return and cancellation of registration obligationsof ownership certificate, failing that, given the right to request of the mortgagor.