Research On Titleholder’s Mortgage

As a special system in civil law, Titleholder’s mortgage disobeys many theories oftraditional mortgage. However, its great power in accommodating social funds andbalancing interest between creditors and debtors still plays an important role. So, thisis still a big issue to be discussed. This paper is aiming at fully illustrating this systemand analyzing how to resolve contradictions between the titleholders’ mortgage andthe traditional civil law theory in our country.Except preface and postscript the paper is composed of four parts.The first part mainly introduces major theories of Titleholder’s mortgage. Firstly,it covers basic conception and feature of Titleholder’s mortgage, and differences withgeneral mortgage. Secondly, it discusses different categories of Titleholder’s mortgage,helping to provides more choices for our country to apply this system. Thirdly, it alsoreviews the development of this system in the worldwide and mainly analyzes itssocial background and specific conditions of France and Germany. At last the paperintroduces the multiple functions of titleholder’s mortgage.The second part analyzes the essence of titleholder’s mortgage and puts forwardthe author’s proposition. This part starts from the five theories about the essence oftitleholder’s mortgage, analysis each theory’s advantage and disadvantage. Finally, theauthor concluded that the titleholder’s mortgage is a special form of ownership.The third part covers the challenges it brings to traditional mortgage andcounter-measures as well, trying to seek the best way for our country to make full useof this system. Firstly, it analyzes the relationship between titleholder’s mortgage andthe theory of place, and therefore highlights the basis of this system lies in the way ofplace.Then, through illustrating detailed disagreement between the principleof sequential fixation and the theory of promoted sequence, the author explains thepossibilities of establishing the principle of sequential fixation in our country. Finally,this part also discusses its complex contradictions with the principle of confusion andthe principle of attaching and seeks the right solution for it.The last part, based on our country’s background and social condition, analysesthe value tropism of our country’s mortgage legislation. It points out the key point of mortgage legislation is to protect creditor’s rights. So, in order to make better use oftitleholder’s mortgage in our county, we should focus on protecting creditor’s rightsand also the business safety, and meanwhile, we can also apply current mortgage. Inthe end, the paper discussed the found way of China’s Titleholder’s mortgage and theestablishment and Effectiveness of Titleholder’s mortgage.