The Study On The Legislation Of Mortgage

In real life,repetitive mortgage is very common,in the case of the repeated mortgage,each mortgagee is hope to be able to seek preferred payments.but the value of the mortgaged property is sometimes can't satisfy all the amount of the mortgagee.so it is create a sequence of a mortgage problems.It is necessary to prescribe sequence of the mortgage system for the realization of the creditor's rights.but China's "property law" and "security law" stipulate the regulation of the sequence of the mortgage right is still very thin.This paper mainly includes the following several parts:The first part is the basic theory of mortgage statements about the sequence.It includes two problems,the first is the meaning of sequence thereof,and the second is the foundation of a produce sequence thereof,mainly involved in the system for repeated mortgage and balance of the mortgage.The second part is to analyze the current sequence thereof.First of all,expounds the legislative situation of our country,find the lack of legislation in our country and existing problem.These are the problems need to be solved.The third part is mainly discusses foreign legislation about the sequence of the mortgage right.The content includes two parts,the first part is the sequence of the mortgage right change mode,the second part is the evaluation of national mortgage right line to dispose of the legislation.The fourth part mainly puts forward related suggestions of perfecting our country's in the sequence thereof.On the basis of the problems have been found,At the same time,draw lessons from foreign experience,put forward feasible suggestion.