On The Registration Of The Change Of The Mortgage Of Real Estate

When the main creditor's right is transferred,whether the corresponding real estate mortgage has to go through the registration procedure of mortgage right is a big issue in the field of practice.The property law was forbidden to transfer of creditor's rights or creditor alone to the mortgage creditor's rights guarantee for others,but when the mortgage right along with the transfer of creditor's rights is registering the mortgage need to did not make clear stipulation.From longsheng administrator bankruptcy claims to confirm due to introducing electronic technology company,based on the principle of public summons of real right from the principle of real right legal analysis on the main creditor's rights transfer,mortgage mortgage transfer does not occur did not deal with change to register.According to the law of the bankruptcy law,one of the conditions for the exercise of exclusivity is the effective existence of the security property rights.Combined with the case,the rural credit association is to transfer of longsheng electronic technology company's creditor's rights,its corresponding mortgage right did not deal with formalities for registration of change of projects under construction,from the principle of real right legal did not deal with the mortgage registration of change of the principal claim,does not meet the requirements for the transfer of mortgage,right of exclusion cannot effectively established.In the filing of the bankruptcy case of longsheng company,it is not possible to claim for priority of the mortgage right which has not been registered for change,and only the claim of a certain financing guarantee company shall be regarded as ordinary creditor's right.But the creditor's rights transfer and mortgage registration of alteration may not synchronous,how to the assignee in did not deal with change to register of the rights of the creditor rights relief,how to better improve the system of real estate mortgage registration of change,the paper launched at the end of the article.