On The Order Of Real Estate Mortgage

Because it does not transfer possession of the subject matter, mortgage plays animportant role in the financing channels, and thus enjoys the reputation of "king" of theguarantee. As a way of financing guarantees, Real Property Mortgage is popular. When thereis more than one mortgage on the same immovable property rights, correctly handle therelationship between the number of mortgagee becomes very important. Real PropertyMortgage pick system has played an irreplaceable role in dealing with the relationshipbetween the number of mortgagee. The paper is divided into four parts, to explore the RealProperty Mortgage right system, in order to be helpful. The text is divided into four parts:Real Property Mortgage-exclusive, limited compatibility and real estate as well as repeatmortgage is the basis of the overall real estate mortgage. Repeat mortgage due to help makefull use of collateral to promote the purpose of the security and in line with the meanautonomy original and rationality. Our law is not explicitly require repeated charges, but alsorecognize repeat mortgage.The mortgagee to the same real estate is a safe, predictable external order, as a real estatemortgage of entry into force of Essentials registered, become the established rules of the realestate mortgage pick. Of law established first registered same sequence principle, but inpractice there are still missing registration authority is not uniform and unified registrationinformation platform. China must establish a unified registration authority as soon as possibleand to establish a unified registration information platform in order to reduce transaction costsand improve the efficiency of the transaction.Pick on the same immovable property has a mortgage right, prior pick mortgageebecause for some reason the eradication pick in a subsequent mortgagee please turn liter priorto achieving the earlier pick. Cis-bit fixed doctrine may help to determine the economicinterests of the overall real estate mortgage, is conducive to the all new financingopportunities, and is conducive to the mortgage securitization, but this is not enough tobecome the reason to choose fixed ’pick. Pick up into the ’economic interests, the right to pick a Real Property Mortgage can not be fixed, however, the monetary value of the real estateunder the conditions of a market economy is not stable, and therefore, real estate mortgage ofcis-bit fixed’ fixed role is limited. Moreover, the real estate mortgagee pick up into thedoctrine is conducive to promoting financing, can be securitized. Although China has no clearbefore real estate mortgage subordinated fixed doctrine or liters into doctrine, however, pickup into the doctrine has been adopted in judicial practice there is no problem.Real Property Mortgage pick a certain economic interests, and real estate the mortgagee,enjoy the right to dispose of; Therefore, many countries in the world allow changes in theReal Property Mortgage pick. Represented by the mean content changes in real estatemortgage pick can be divided into abandoned pick of the Real Property Mortgage, RealProperty Mortgage pick the make and the change of the overall real estate mortgagee. Our lawsimply provides for the real estate mortgage pick abandoned and changes in the real estatemortgage pick, but abandoned the legal effect of the Real Property Mortgage pick the specificmeaning of the overall change of the Real Property Mortgage, legal effect, and real estatemortgage the right pick for provisions. The fourth part of this article discussed in detail theReal Property Mortgage pick abandon and change the meaning of the constituent elementsand the legal effect of China’s Property Law of Real Property Mortgage pick to the provisions.