On The Realization Of The Security Property Rights Case Procedure

Real rights for security,it is to point to to ensure the realization of the creditor's rights,for the purpose of the specific property of the debtor or a third party on the principle of,when the debtor defaults,the creditor shall have the right to seek preferred payments after the guarantee property can be sold and turned into money.In our country in the property law and security law and relevant judicial interpretations have many terms and conditions of the legal system of regulation,but how to realize the real rights for security but there was no clear rules.2012 new revision of the civil procedure law in order to better protect the lawful rights and interests of the parties to guarantee relationship,save the resources,the procedure and add the application implementation procedure of real rights for security.Released in 2015,the supreme people's court of the supreme people's court about apply "?the civil procedure law of the People's Republic of China? explanation",also making judicial explanation to apply for realizing the real rights for security system.But "the civil procedure law" the regulation only two laws,in content is summarized;Although the judicial interpretation of the civil procedure law has fourteen provisions made a supplement,but also not provided comprehensive.Makes part of the system is still not clear,so understand the applicable and perfect in the judicial practice there is a bigger space.So this article would be to apply for the real rights for security problems through practice in a real case analysis,the relevant theory of real rights for security implementation procedures,analysis of the real rights for security implementation procedures applicable to the non-lawsuit procedure value and the theoretical basis,and on the application of the real rights for security in our country to realize the program put forward his own opinions.This thesis is divided into three parts:The first is the basic condition of the case.Through to the third company to apply for implementation of the real rights for security dispute,list the different opinions of how to deal with this case,a summary of the case dispute focus: one,the basic people's courts have jurisdiction;Second,does the company have the right to apply for c;Third,put forward the objection to a company,the court examine to what extent,is a form of censorship or examination as to substance;Fourth,the mortgage of the new building in the price of the priority of compensation.The second part is legal analysis of the related problem.This part mainly from four aspects: first,the history of the real rights for security system;Second,the realization of real rights for security program theoretical controversy;Third,apply for realization of real rights for security procedures have the non-lawsuit legal nature;Fourth,through the realization of real rights for security case law non-lawsuit procedure value.The third part is the analysis and conclusion to the case.Through the second part to the application for the theoretical analysis of real rights for security system,looking back at the first part of the case of disputes,the author conclude that one,beyond the basic people's court jurisdiction over the subject matter of the cases,the basic people's courts have jurisdiction;Second,the mortgagee will contract the principal claim and the right of mortgage shall be transferred to a third person,the third person also can be used as the application subject of real rights for security;Three,for the applicant to submit the material form of censorship,challenged by the applicant for examination as to substance;Fourth,the mortgage can not be paid in the new building in the priority of compensation.