The Choice Of Promoted Sequence And Fixed Sequence Of Mortgage

As is known to all,mortgage system is very important to promote the capital circulation and to protect the interests of creditors.The problem of the issue of the mortgage system is not uncommon in society.And the repeated mortgage will inevitably produce a different order in the mortgage,the order for the secured creditor's rights and the flow of funds is particularly important.At the same time,in order to achieve Justice and fairness,to ensure the balance of interests between creditors and debtors,there is a choice in the two legislative models:the theory of promoted sequence and the theory of fixed sequence.As mentioned above,this paper begins with the mortgage sequence,to focus on the advantages and disadvantages of the theory and the current state of legislation in a typical country.This paper discusses the current situation of the mortgage in our country by studying and drawing lessons from the French,Japanese,German and Swiss countries.This article which contains three parts begins with the preface,focus on the issue of the mortgage and end with a conclusion.The introductory part starts with repeated mortgage,and to summarize the legislative status of the two models in national legislation.Then in the text part,the first focus on the analysis of the rationality of the problem of repeated mortgages,which is the cause of the mortgage sequence.And then analyze the theories of the promoted and the fixed system and the advantages and disadvantages of these two types of legislation in operation.Focusing on the law of France and Japan,and the implementation of the legislation of the general fixed legislation of Germany with the mortgage system of the owner of Germany and the vacancy guarantee system of Switzerland.Focusing on foreign legislation,is to learn from some of the advanced experience,with a view to the choice of our model play a certain reference.Finally,the paper analyzes the draft of the Qing Dynasty and the laws of the Republic of China,as well as the legislation at the beginning of the founding of The People's Republic of China,to discuss the current situation of the practical use and academic demonstration of our system.In the new era,promoted or fixed doctrine has advantages and disadvantages.As long as the protection of the parties free meaning that the two models can play a good performance.Because our country has the legislative tradition of the theory of promoted sequence,this article thinks that our country should adhere to the theory of promoted sequence and through the law to explicit the model specification.At the same time,we should draw lessons from the legislation of other countries and put forward countermeasures,to make up the line to rise into the shortcomings in our country.