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Research On The Legal System Of The Transfer Of Mortgage

Posted on:2019-07-27Degree:MasterType:Thesis
Country:ChinaCandidate:J Y MaFull Text:PDF
GTID:2416330545957587Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
With the rapid development of the social economy,people's demand for consumption and investment has gradually increased.When the funds are insufficient,the mortgage system has played a role.We often refer to the mortgage as the “king of guarantees”.In the mortgage system,the mortgagor still enjoys the rights of use,income,possession,and disposition.It is because the mortgagor still owns the mortgage,so it is preferred in the security system.However,the system for the mortgaged property transfer is not perfect in China,and its main problem is whether the mortgagor can freely transfer the mortgaged property without the consent from the mortgagee.Although the relevant legal systems for the mortgage transfer in China have gone through many stages,but nowadays our country still restricts the mortgage transfer.The main reason is that the legal protection system for the mortgage transfer in China is not perfect,and all parties rights and interests protection system is not perfect.This paper analyzes in detail the different development stages of the mortgage system in China,and then analyzes the collateral transfer system in major countries in the civil law system.After combining the,actual conditions in Chinese social and economic development,it concludes that the law on the mortgage transfer in China should be perfected.By analyzing the problems existing in the deposit and withdrawal system and the mortgage registration system in China,and putting forward corresponding suggestions for perfection,the parties rights and interests involved in the mortgage property transfer are conferred upon the mortgagee's right to transfer price subrogation,as well as the mortgagee.The rights and obligations of the third party and the right to remove the third party can effectively protect the transaction security and interests balance.It is based on systematic research,historical explanations,comparative explanations,and value analysis.It also analyzes the free mortgage transfer law through rational analyzing the mortgage transfer system and sorting out the Chinese mortgage transfer system.This paper analyzes the advantages of the legal mortgage transfer system,and analyzes the preservation for the interests of parties involved in the mortgage transfer system in the major countries.After integrating the current situation in China,it has improved the preservation for theinterests of parties involved in the mortgage transfer.By endowing the mortgagee with the right of subrogation in rem of the mortgage transfer price and a sound escrow system,the rights and interests of all parties involved in the mortgage transfer can be effectively protected from loss,and the development of Chinese mortgage transfer legal system can also be promoted,at the same time,it plays an auxiliary role in the stable development of social economy.
Keywords/Search Tags:Mortgage, Mortgagor, Mortgagee
PDF Full Text Request
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