On The Duration Of Mortgage Right

The Property Law promulgated in 2007, stipulates the exercise of the mortgaged right in article two hundred and two, and makes it linked to the debt secured the limitation of action.Compared with the provisions relative to the Security Law Explanation about the provisions of the real rights for security during exercise, this provision is more reasonable, effective and to some extent can solve the problems brought by the law.However, the regulation of the Property Law is obscure and simple.it's hard to tell it's real intention. The Points on the mortgage term, the mortgage right exercise way, the nature of the mortgage term, and the exercise of rights over mortgagee over the duration of the mortgage legal consequences are also not clear.Because of the blurred problems, which led many problems appeared to the judicial application of the method of article, even different sentence connection with judicial chaos. This caused great damage to our country's judicial authority.Because the nature of the mortgage term qualitative has a lot to do with the legal consequences of the "property law" article 202, so it is necessary to study the properties of the mortgage term.The academic circles has long been controversial about the nature, but only has four views:about the statute of limitations; and said, except during the said period; from belongs to the creditor's rights and special period except authority said. The author agrees to mortgage term as a unique except authority during the point of view and think the mortgage shouldn't exercise it's power during the term, the mortgage will cease to exist.In the meantime, in order to apply this method in a better way, and have a correct understanding of this law, the author clarifies the blurred stipulation in the article.And states the agreement the parties should be allowed to mortgage duration and the mortgagee shall return the ownership certificate, the causes for the cancellation of registration of the collateral obligation.