Research On Hypothec Fulfillment

In a market economy, efficiency and security system in the pursuit of value.Mortgage system efficiency required to achieve a good way, procedures and ways to improve, you need to clear security and realization of other rights Concurrence order to guarantee, in view of our judicial practice low efficiency, high cost of competing legislation of their rights ambiguous status quo rules, etc., in addition to the introduction and conclusion of this article four parts of the mortgage realization discuss the problems, propose solutions period, as follows:The first part, the mortgagee realize overview. Restrictions on mortgage paper achieve conditions, especially during exercise combined with a typical case to demonstrate the problems pointed out, and the implementation process and conflict ordinary claims are processed.The second part of the realization of the right to choose the ways and mortgage programs. Firstly, the mortgagee Ways legislative model, analysis of the mortgage problems in Approaches; secondly, to build self-help approach balancing rules subject right parties obligations; and finally, point out and analyze the "Civil Law" and its judicial interpretation non-litigation procedure laid down the problems.The third part, a way to achieve the mortgagee. Detailed analysis of the legal nature of the auction, the qualification of the court auction, warranty liability, the Lessee and Co. shareholders exercise pre-emptive rights, PICC insurance matter coexistence rules, "liquid contract" lifting of the ban and other issues.The fourth part of the order of the mortgagee. Security functions have priority for repayment of mortgage implementations on civil law and then into the right to enjoy this feature very much, quitting what is preferred, the theory and practice is controversial article by analyzing the characteristics and value of each right, too the competing solutions when the road.