The Study On Duration Of Mortgage

According to Article two hundred and two of the “Property law”, the mortgage will not protected by the people’s court when passed the exercise of mortgage duration. However, the ambiguousness of clause contributes many problems in the judicial practice. So it is significant to research relevant problem on the nature of mortgage duration. The whole article divided into five parts:Part one introduces two cases relevant to mortgage duration briefly. The reason of selecting these two cases is that arguments in cases can represent main problems in the study of mortgage duration.Next part is the analysis of problems in these two cases of article. The first problem is the nature of mortgage duration, including the arguments of scheduled period、limitation of action and period of any other nature. The second problem is the legal affection of the mortgage when it was not exercised in the stipulated duration. In brief, it means how to understand the meanings of “the people court do not protect” in the article two hundred and two of the “Property law”. Part of scholars hold the opinions that “the people court do not protect” means the elimination of mortgage. Others support the existence of mortgage, the right just loss the legal protection.The third part is conclusions. According to the analysis of disadvantages of “scheduled period” and “limitation of action”, the thesis thinks that the mortgage duration belongs to the period of any other nature. Additionally author believe that the right of mortgage already loss by analyzing the defect of mortgage’s existence and the advantages in elimination of mortgage.