On Legal Issues Related To The Transfer Of The Collateral During The Mortgage

The setting of the hypothec does not needed the transfer of the mortgaged property.The mortgagor can dispose the mortgaged property with freedom during the mortgage.This design of the system can not only guarantee the realization of the debt,but also fully bring into play the value of the mortgaged property.So the mortgage is known as "the king of guarantee".Mortgaged property’s transfer system occupies an important position in the mortgaged system.Because during the mortgage,if the mortgaged property can transfer with freedom, the excellence of the system can bring into play.The system are special in national laws.In the countries and regions of the civil law,the system of the mortgaged property is based on the admission of the mortgage recourse.In our country,there are four laws about this system.The limiting of the mortgage property’s transfer is changed from strict to relax,finally it’s strict again.The Article191of the Property Law is the requirement of the system now.The Article191is strict for the mortgage property’s transfer. This is different from the Civil law. And the restriction of the transfer bring another problems,for example,the effect of transfer and the resource.In real life,following the Article191is hard,so there are many cases of this law.So the system of the mortgage property’s transfer needed to be changed.This article will introduce the system of the mortgage property’s transfer in Civil law and in our country. Then introduce the discussion of the mortgage property’s transfer in Article191.On the basis,I will give some suggestions for the changing of Article191.