On The Sequence Of The Mortgage System

The establishment of the mortgage does not require the transfer of possession. Mortgagor can remortgage the subject matter of the collateral mortgage which has been established of the establishment mortgage, making this guaranty tape popular. However, the mortgage has been established on the re-establishment of temporary mortgage, and the mortgagee will be involved in the implementation of the order. The Property Law has the provisions of the basic rules to determine the overall mortgage. After the first pick of the elimination of the mortgage, the second pick of the mortgage can turn into liters. It is not involved the flow of mortgage problems based on the realization which can persist in mortgage incidental. From the overall mortgage problems in the start, given their own legislative proposals, we should learn foreign legislative cases accepted by the analysis of the overall mortgage deficiencies. In addition to the introduction and conclusion, the text is divided into four parts, as follows:The first part, the mortgagee overall system overview. The main reason for this part of the mortgage around occurs, determine the rules and expand the functional analysis. Mortgage pick causes a "duplicate mortgage" because there are several mortgage on the same collateral. Comparative law which solve the overall system competition between the same number of property mortgage. There are two modes: One, egalitarian model in which the number of a repayment mortgage on the same pick on according to the corresponding proportion of the mortgaged property value assigned to each mortgagee; Second, utilitarianism rights model, that changes in mortgage strictly follow the principle of publicity based on the order in accordance with the registration of property rights to implement the order of arrangement. In addressing a number of mortgagee keep competing relations, the use of a "rights-based utilitarianism, supplemented by egalitarianism" overall determination rules. Mortgages overall functional analysis: First, the mortgage is a means to protect overall pick in the first mortgagee legitimate rights and interests. And secondly, the mortgagee pick after pick mortgagee provides early warning of risk. There is a mortgage in favor of the overall court to determine the amount of each repayment mortgagee. Finally, mortgage pick conducive to the full realization of the value of the collateral, which is to achieve the best use.The second part probe on the existing problems in the relevant laws and regulations of the mortgage. This part of the mortgage expand around pick the relevant provisions. Through the analysis of existing laws, there is a problem overall mortgage provisions. There are three main problems: First, the overall mortgage liter doctrine into a fixed doctrine and overall advantages and disadvantages of our country should rise into the pick to select a fixed doctrine or doctrine; secondly, whether the country like Germany, the mortgagee preservation and circulation into mortgage, and mortgage by circulation can achieve the purpose of further financial intermediation; Third, China's ability to adhere to the mortgage collateral theory, based on the introduction of blank security system in Switzerland.The third part of the study probe on the mortgage of the comparative law overall system. This section expand around on comparative law on mortgage pick liter legislations doctrine into a fixed doctrine. Order fixed doctrine originated in Roman law, after Germany and Switzerland, China and France inherited, in which the owner of the German mortgage system and guarantee system blank Swiss legislation is a typical example of a fixed doctrine. Overall rise into the doctrine originated in Germanic law, after being inherited national law in France and Japan. By cons two legislative cases analysis.The fourth part analyze the perfecting suggestion of legislative system of the overall mortgage. This part of is aimed at the existing problems of the mortgage overall system, putting forward the sound advice. Through comparative law mortgage overall rise into the pros and cons of Marxist analysis and fixed doctrine. We believe that our country should continue to adhere to the mortgagee overall rise into doctrine. Since China have adopted the theory of mortgage collateral, we don't divide the preservation of the mortgagee into mortgage and mortgage liquidity. However, in order to promote the financing, we can absorb Japan's legislative experience debt which will be guaranteed by mortgage "fit" with "debt securities" form of circulation. Our security system can be introduced into a blank security adopted by Switzerland.