The Realization Of Mortgage Right

Mortgage is the most vital guarantee method,and the realization of mortgage right is the core of mortgage guarantee,and it is also a remarkable part of mortgage system.Economic development has put forward more and more demands on the realization system of mortgage right.China’s realization system of mortgage right has been developing continuously for many years,but there are still some parts that need to be further improved.Other rights such as mortgages and how to resolve the conflict,when competition occurs again like hypothec realization way of the force way of "the parties negotiated" whether front,private relief way banned force flow and contract is reasonable,and so on,these issues are controversial in theory and practice,practice,how to solve the problem is encountered in this paper to solve the main problems.In view of the theory and practice issues,the article divided into the relationship between mortgage and other rights,hypothec realization way,four parts during the mortgage right is implemented,the implementation thereof.Other rights will be divided into two categories,ordinary creditor’s rights and priority for discussion,implementation approach and implemented all draw lessons from foreign related regulations,put forward the solution in the case,contact practice for implementation during the introduction of case analysis to discuss Suggestions are put forward.The article thinks that in the relationship between mortgage right and common creditor’s right,mortgagee can choose to execute the mortgage property or general property first.The way to realize the mortgage right is not only the way of public power relief but also the way of private power relief.As for the implementation method,it is recommended to introduce compulsory management,release the current mortgage contract,grant the mortgagee the right to own the mortgaged property and increase the method of arbitrary sale.