Research On The Self-realization Of Hypothec

The self-realization of hypothec is that debtor default the due debts or the condition that litigants agreed to realization has take place, the mortgagee dispose the pledge or ask for enforcement under the statutory procedures、principals and limitations according to the arrangement litigants reached before or after the realization of hypothec. The self-realization of hypothec is correspond with the public-realization of hypothec, which can solve the problem of time-consuming, high cost, inefficient caused by current hypothec realization system effectively. The definition of self-realization of hypothec is expanded into three types to realize hypothec easily. The first type is that litigants reached agreements about the realization of hypothec and did it all by self. The second type is that hypothec has been notarized and registered and litigants have no controversy on the rights and obligations about hypothec, but they ask public power for help due to some special reasons. The last kind of self-realization is the other styles of self-realization, like compulsory management. It’s a good way to solve the problem of time-consuming and high cost caused by current hypothec realization system to expand the space of self-realization in the case of the public-realization of hypothec has no further development. The self-realization of hypothec is not only in line with private autonomy and the exercise of the original rights, but also be correspond with the cost of revenue expectations theory and China’s national conditions and people’s habits. Thought the Property Law have made big progress on simplify the realization of hypothec, the law didn’ t set detailed provisions on self-realization of hypothec. We should perfect the law according to the obstacles of self-realization, like give mortgagee the right to take possession of collateral, allow the litigants sign flow escort contract freely, give mortgage contract enforceable by notarization and enrollment, give introduce the system of compulsory management from aboard and so on. In these ways, the hypothec can be implemented efficiently and easily, and the hypothec system can make full play to the function of financing guarantee.