Research On Real Estate Mortgage Rights And Other Rights Conflict Rules

In practice, there are more and more conflicts between real estate mortgage rights and the right to compensation, project priorities, or the buyer’s rights. While, the existing conflict rules of property rights in dealing with a mortgage and other rights conflict have much defects, such as the sort of the conflict of rights is unfair, the rules system is not sound, even the rules exist legitimacy defects. Through a typical cases in practice, I generalize the real estate mortgage and the payment priority, the right to compensation, the purchase of consumer rights conflict rules. Then combined with the concept,formation, and nature of the above rights, I analyzed the current conflicts and the legitimacy and rationality in real estate mortgage right and other rights. Then, combing out the three main problems when deal with real estate mortgage right and other rights conflict, as:the correct interest rates, in accordance with the perfect real estate mortgage right and other rights conflict processing rules, promoting real estate on the transparency of the rights. And the social public interests above individual interests and survival than commercial interest’s general interest sort-order principles of real property rights on the scheduling problem of conflict, through the establishment of legal mortgage system and system real estate mortgage of real property rights conflict rules of priority right and other rights resolution of the conflict. All of above, are forward to build a more feasible andlegitimate conflict rules between the property rights, so as to give full play to their role as the legal norms, in the service of social stability and economic development, finally realizes the national financial market stability and the balance of the conflict between social stability, to balance the interests of various social subjects.