The Study On Duration Of Mortgage

Article two hundred and two of the "Property law" stipulates that the mortgage duration and the period of action of principal creditor's right without the exercise of the right of the mortgage, the mortgage will not protected by The People's Court. Although the "Property law" regulates the duration of exercise of mortgage, there are still many problems in the application,I will study on the nature and its consequences of the duration of mortgage. I divided this thesis into five parts.The first part is filing the current provisions of laws and regulations on the duration of the mortgage.The second part I summarized the problems and controversy in the application of the current laws by cases. The first problem is about the nature of duration of mortgage. There are three different identifications in its judicial practice.(1) be recognized as the statute of limitations.(2) be identified as the scheduled period or the existing period.(3) to be identified as the period of any other nature. The second problem is that the legal consequences of this provision are in effectiveness of how the mortgage in practice there are different judgments than the principal debt after the statute of limitations.(1) the elimination of the mortgage.(2) Some believe that the mortgage in favor of the right to exist, but loss of the mortgagee the right to first refusal.The third part,I make a conclusion that reasons for the dispute mentioned above. First, instead of legislation compared to civil law countries, is China's legislation provides for the exercise of the mortgage during a certain particularity, on the one hand our legislation is not enough clarity in the presentation of legislation on the other hand is different from civil law cases Examples of existing legislation. Second, the nature of exercise period for the mortgage and its legal consequences are still controversial and its nature and legal consequences have not yet formed a unified understanding. Third, the different nature of the debate and the exercise of the legal consequences of the mortgage during its essence is about the trade-offs and value judgment.The fourth parts I try to make out a reasonable explanation for the period and the legal consequences of the mortgage exercised within the legal framework. First, the nature of the exercise period of the mortgage, the author of the statute of limitations, said the scheduled period, said critical theory, which was interpreted as a period of civil law and discusses the special nature of rationality. Secondly, i analyze the legal consequences of the mortgage and the mortgagee exercising suffer during eliminated. By analyzing the existence unreasonable to say, get rid of the plight of the eradication and the theory says, will be interpreted as other circumstances which eliminate mortgage "Property Law" Section 177 regulations.The fifth part, I demonstrate the problem mortgage registration cancellation, including the identification of the applicant and the registration authority.