Research On The Legal Issues Of Quasi-real Estate Mortgage Pledge

In the function of secured claims,mortgage and pledge have their own advantages.In this modern society,we can excavate the potential of the mortgage,at the same time,we should make full use of the pledge which is a type of movable property security.In our current legislation,the biggest difference between mortgage and pledge is that the mortgage does not transfer the possession of the mortgaged property,but the pledge must transfer the possession of collateral security.Ships,aircraft,motor vehicles and other chattel real,they both have the characteristics of vehicles and they need to register as the same as immovable property.In practice,when using a quasi-immovable property to set to guarantee the parties,someone use the method of mortgage,and someone use the way of pledge.But people do not distinguish between them,so it leads to chaos of the application of quasi-real estate mortgage and pledge.Meanwhile,because of the lack of systematic understanding of the mortgage and pledge,and the reason of the loss of real right,people can not effectively use quasi-real estate security function.Based on the general principles of civil law,this paper embarks from a case,it will review the quasi-real estate mortgage and pledge system combining with the related theory.From six parts to re-examine quasi real estate mortgage pledge system.The first part through the concrete case raises in practice problems of quasi real estate mortgage or pledge;The second part introduces the concept of mortgage,pledge,characteristics and the relationship and difference between them,and introduces the concept of quasi real estate features and content;The third part from the security law,property law and related special law introduces the legislative status quo of quasi real estate mortgage pledge;The fourth part analyzes the problems existing in the practice of quasi real estate mortgage pledge and analyzes the cause of the problem.The fifth part improving Suggestions aiming at the problem of the fourth part put forward;The sixth is divided into conclusion,to summarize the full text.