| Guarantee Law is just like a visible hand, playing an important role in th e market economic system. While the maximum mortgage performs more and more important functions in the circulation of funds, the guarantee of economic relationship. Firstly, the maximum mortgage breaks through the one-to-one relat ionship between the traditional mortgage and creditor’s rights, eliminating the o verlaborated previous trading program trival. Secondly, under the background of playing the "golden rule" of honest and credit, the maximum mortgage fully e xplained the importance of this principle. Because several trades can be done t hrough one-time mortgage system. It not only accelerated the circulation of mo ney and resources, but also strengthened the credential relationship between the principals. However, as we can see, any system is a double-edged sword. If w e grasp it not well, the diverse consequences will be caused. From the point o f view of legislation in our country, the related legal provisions of the system are less seen, thus its ductility and normative are at a discount greatly. It is w orse that its function may not be played fully. Furthermore, in the judicial prac tice, practice issues related with the maximum mortgage usually apply to the p rovisions of the general mortgage due to its brief section. Therefore, it is an i mportant and urgent task to improve our system of maximum mortgage. While Japanese Laws was influenced by extra laws especially Germany Laws, includi ng maximum mortgage. It is worthy for our country to take reference. This article would adopt interpretative method and comparative method to compare the contrast of maximum mortgage between both countries. Aimed at providing ins piration and reference to maximum mortgage of our country, I will make much analysis about basic legal relationship, the scope of the mortgaged property and so on.The whole thesis consists of four parts, apart from foreword and conclusio n.The first part is a brief statement of the maximum mortgage, and then it introduces the history of maximum mortgage and lastly summarizes the charac teristics of it. Through analyzing the basic theories, the author thinks the maxi mum amount hypothec has differences from general dependency of mortgage. Also, the auther would introduce the social function of the maximum mortgage.Itcan promote the circulation of funds, with the great economic function of st rengthening the business relations.The second part of this article is the basic relationship the maximum mort gage guarantees. From its special dependence, the author will analyze the chara cteristic of the maximum mortgage. Also, the range of guaranteed obligation w ill be discussed between our country and Japan through comparative analysis. Thus the differences and the reasons can be told through this comparison.The third and the fourth part are the main parts. These two sections expla in three issues: Change of maximum mortgage contract terms; Transfer of the maximum mortgage; Certainty of the maximum mortgage. After explaining the differences of relevant legislations and theories of China and Japan, the authorthinks the maximum mortgage can be transferred, but it should follow a certa in rule. Through much comparison some individual suggestions are proposed o n perfecting this system, such as the scope of application of the maximum mo rtgage should be expanded rather than to be limited.I hope my study can do assist in the development of the theory and perfe ction of the maximum mortgage system. So it can play important role in the market economy. |
PDF Full Text Request