The Rules On Transfer Of Real Property Collateral Discussion

Mortgage known as the "security of the King", which is not transferred to the possession of collateral characteristics favored. Because this feature is also secured by collateral could be freely transferred during become a problem. Most of us think that Germany and France are old-fashioned, traditional, but Germany and France in the security regime has far to go in front of us, a characteristic performance, our security interest (mortgage) still only achieve this with creditors function, and modern secured among the guarantee can be proactive initiative to finance and financial transactions closely, in Germany 80% of the land debt,20% of the mortgage. Germany and France on the type of collateral and liquidity preservation mortgage, unless otherwise agreed, the mortgagee is in circulation. Text will be based on the transfer of the collateral underlying the reform of legislation, combined with the existing system, the proposed transfer of the collateral should be given the freedom of opinion.This addition to the introduction and conclusion, the body part is divided into four parts:The first chapter contains a typical civil law countries collateral transfer system on the legislative history as well as Germany, France, Japan and other countries in the real estate mortgage system in comparative law analysis; well as China’s Taiwan and the mainland on the rules on transfer of collateral and review the legislative status quo. Pointed out that the legislation of mortgage biggest problem comes from the right mortgage pass hamper logistics, did not reflect the best use of market rules.The second chapter is a mortgage on the nature and effect of real right priorities were elaborated, and then catch up on mortgage exclusion force and obstruction of the relationship between force made concrete exposition deduce mortgage chase and force with right nature. le mortgagor transfer the mortgaged property does not affect the mortgagee of collateral exchange value dominance, when mortgage debt can not be on time and settled mortgagee can be based on catch and force to chase up collateral exercise of the mortgagee, the paper also filed a registration of real estate Perfection of collateral to establish the importance of the transfer rules. The collateral could be freely transferred is not a simple logical deduction, but the actual life satisfaction. Establishing rules for the process of transfer of collateral balance of interests between the parties has practical significance.Chapter collateral transfer system related to the mortgagee’s priority claim, mortgage financing human dispositions and interests as well as full ownership of the buyer, when the interests of the three parties in conflict, how benefits should be reasonable allocated to facilitate the balance between the interests. The author of this chapter elaborates theories exist to measure the value of the interests of significance in the modern legislation in the position as well as the rules on transfer of collateral in the role and significance.Chapter IV In view of the lack of collateral transfer system put forward the guiding ideology and improve the legislative proposal, first establish a "material and its use, the balance of interests" principle. Respect for party autonomy, on this basis, in order to recover and force mortgage as the core, to establish the buyer’s mortgage subrogation system’s warranty and liability system, improve public real property registration system, and build the rules on transfer of collateral. Protect the rights between the parties clear secure transactions.