Research On The Maximum Mortgage System In China

As a special mortgage, the maximum mortgage system is evolved from the general mortgage system to meet the financial needs in the process of economic development. With the growing prosperity and well-developed commodity trading, which caused the emerging phenomenon of the continuous transaction, the application needs for maximum mortgage, are becoming more urgent in economic life. However, the maximum mortgage in the legal system is still in the edge position in our country. Although later Property Law has improved in some respects, there are still some limitations leading to inoperative, compared with other countries legislation, which tends to cause legal disputes today.This paper analyzes the concepts, features and values of maximums mortgage system by comparing the foreign and domestic legislations. Based on introspection about the limitations, the author tries to bring out some suggestions in order to improve domestic maximum mortgage system. The paper includes 3 parts.The first part is Chapter Two. Addition to the general basic characteristics, the maximum mortgage also has the following features: the secured creditor is uncertain; the maximum mortgage has the special subordination; the the supreme quota and settlement term should be agreed. With Law in France, Germany, Japan and China Taiwan and the Chinese mainland, for example, and combining the history of maximum mortgage system, this paper also analyze the maximum mortgage system value.The second part is Chapter Three, analyzing the legislation differences about setting, alteration, transferring and determining of maximum mortgage by comparing the legislation of other countries and regions, aiming to make use of the adventures. About setting maximum mortgage, the author mainly explains the debt secured range, the setting and the registration. The alteration of maximum mortgage mainly involves altering the bodies and the contents. According to our Property Law, the author has in-depth analysis about the transferring rules by comparing the outside systems. The part of determining the maximum mortgage mainly explains the reasons and the effects.The third part is Chapter Six, describing the shortcoming of the maximum mortgage in practice. China should learn from the experience of foreign legislation about establishing the derating claims system and the repeating mortgage system, protecting the rights of the mortgagees equally, and improving the registration of maximum mortgage to guarantee the achievements.