Thinking Of Perfecting Our Country’s System Of Transfer Of The Mortgaged Property

Existing laws in China to adopt the "agree" in the limited transfer of the mortgaged property legislation mode so as to protect the interests of the mortgagee,and the other stakeholders involved in the transfer of the mortgaged property protection is not big, caused the benefit imbalance between the parties, is not conducive to transfer the mortgaged property rules should play its positive role. This article embarks from the mortgagee function and legislative purpose, strive to balance the rights and interests of stakeholders in the transfer of the mortgaged property, try more outside the mainstream of the legislative mode of from their good qualities.For the transfer of the mortgaged property system in our country always focus on the protection of the mortgagee, the mortgaged property transfer also restricting. Will inevitably lead to most directly under the provisions of the mortgaged property transaction is the obligor and the assignee can profit from it, transfer of the mortgaged property even if not to the mortgagee of creditor’s rights and achieve a threat is due to the mortgagee does not agree with the transfer cannot be completed. Easily to benefit imbalance between the parties, which is unfavorable for transfer of the mortgaged property rules should play its positive role. This article embarks from the mortgagee function and legislative purpose, balance the rights and interests of stakeholders in the transfer of the mortgaged property, try to compare the law outside of mainstream legislative model, and a comparison of a series of system of the mortgaged property analysis, to find out the most suitable for the practice of our country actual situation.