Study On The Exercise Period Of The Real Right Of Security

In the guarantee and even the whole system of creditor's rights,the security interests are occupied and their important position,and the period of exercise of the security interest is related to the major interests of the parties concerned.At present,China's law on the exercise of security interests is mainly the "Property Law",especially the "Property Law" Article 202,this article will start from the two typical cases in practice,analysis of Article 202 in the judicial practice And analyzes the nature of the security rights during the period of exercise and the corresponding legal consequences,and finally put forward some unwritten suggestions.This article is divided into five parts.The first chapter collates the relevant legislative provisions on the issue of the exercise of the security rightThe second chapter analyzes Article 202 of the Property Law,which is the problem in the practical application,and finds out that the nature of the mortgage is not clear.There is a ruling that the period for the mortgage of the "statute of limitations",after the period after the mortgage is only the loss of the right to win,the substantive rights are not eliminated;there are judgments that the period for the mortgage period,the period after the mortgage The right to destroy.The third chapter is the most important part of this article,comparing the three different views of the academic community on the nature of the mortgage during the exercise of the three different views: the limitation of action,said the exclusion period,the mortgage theory,the advantages and disadvantages of the three points of view.The view of this article: not in the statutory period of exercise of the mortgage,the mortgage should be attributed to the eradicationThe fourth chapter explores the problem of legislative blanks during the exercise of pledge and lienChapter 5 Legislation is perfect,and legislation should clarify the nature of the period during which the security is exercised,and the legal consequences should be made clear.Chapter 6 concludes that the issues discussed in this paper are comprehensively summarized and collated.