The Research On The Joint Mortgaga System Of China

This thesis summarizes the basic theory,effect and realization of joint mortgage,and makes several think on the existing problems of our country's rules of joint mortgage.This thesis expresses its contents from four aspects:The first part is mainly about the introduction of joint mortgage,which expresses its definition as: for the purpose of securing a credit,the mortgage rights are created on several properties.It also includes the characteristic of joint mortgage and the analysis of three doctrines on it: singular mortgage,plural mortgage and compromise theory,and concludes that the plural mortgage can meet the demand of our country's need and nature of joint mortgage.At last make its conclusion by highlighting the significance meaning of joint mortgage.Section two researches the effect and establishment of joint mortgage from four perspectives: the free choice of mortgagee,mortgagee's right to recourse,subrogation of mortgagee and junior mortgagee's right of subrogation.And then the author elaborates some common problems like the restriction of mortgagee when establishes the joint mortgage and whether the establishment needs the register.Part three is about the implement of mortgage right,whose methods contain cut-rate price,auction,realization of assets etc.,the thesis also elaborates and analyzes the existing doctrines on the rules of the implementation of joint mortgage like distributive theory and division theory,freedom guarantee theory,regulatory theory and non-regulatory theory aiming for the profound introduction of the rules on joint mortgage.Section four is about few suggestions on the rules of joint mortgage in our country.In China both parties have the right of joint mortgage,and the guarantor has the absolute right of plea for preference claims.And in the last part of the thesis,it briefly explains the calculation methods of the internal liabilities when implementing the right of mortgage which is in the purpose of providing reference to the rules of joint mortgage in our country.