A Study On Legal Issues Concerning The Subrogation Of Mortgaged Property

The upper subrogation of the mortgaged property is the basic property of the security real right.In the case of damage to the original property,it can be compensated by the transformed subrogation."Property law" the one hundred and seventy-fourth regulation in our country real rights for security of our country has the upper subrogation,which means the guarantee property is damaged or lost,or expropriation,before the real rights for security people behavior of compensation,compensation and insurance has the priority of compensation with respect to the right.This paper is based on the basic theory of the upper subrogation of mortgaged property.First of all,it introduces the meaning of the upper subrogation of mortgaged property,the origin of its nature,and the differences between scholars on its nature.Second collateral in China the upper subrogation in the practical application situation carries on the analysis,the current laws and regulations for the comb,from two case studies to explore our country the upper subrogation in the practical use of the mortgaged property,it is confirmed the priority of compensation,it is to confirm the damage compensation claims,and analyzes the pawn the upper subrogation is insufficient in practice.Then it introduces the legislative model,scope and implementation model of the subrogation of mortgaged property in the extraterritorial legal system.Finally on the basis of above studies suggest perfect the pawn the upper subrogation,is a clear collateral made a nature for legal creditor's rights pledge,it is to refine the mortgaged property made a implement process,three is clear violation compensation obligor pawn made a liability for damages,into four is trying to rent the mortgaged property made a content range,five is to build a pawn the upper subrogation realize the non-lawsuit procedure.