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During The Exercise The Mortgage Right

Posted on:2014-05-20Degree:MasterType:Thesis
Country:ChinaCandidate:X D XiaFull Text:PDF
GTID:2256330425465645Subject:Law
Abstract/Summary:PDF Full Text Request
China s" property law"202nd article" the mortgagee shall in the main creditor’srights the period of limitation of action of the exercise of the right of mortgage;exercise, the people’s court shall not support". But the specified period to the nature,theoretical circles have different theories, such as the limitation period, scheduledperiod. In addition, according to the" property law" article202nd, main debtexpiration of limitation on the exercise of the mortgage right whether effect iswhether in theory or practice have some controversy. In view of the above arguments,the author thinks that the" property law" stipulated in Clause202nd during natureshould belong to the scheduled period, at the same time, when the principal creditor’sright limitation of action after the expiration of the term of mortgage right shall beextinguished. The current legislation of our country is not clear on the exercise of themortgage right during the provision is made, so I look forward to our futurelegislation of mortgage right during exercise can further improve.
Keywords/Search Tags:Mortgage, During exercise, Limitation of action, Scheduled period
PDF Full Text Request
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