Research On The Effects On The Effects Of Transferring The Real Estate Mortgage By The Mortgagor

The mortgagor transfers the mortgage,which refers to the act of the mortgager selling the mortgagee to the third party under the condition that the mortgagee has not the mortgage guarantee.With the development of our country's economy,the mortgage behavior is becoming more and more common.The mortgage right is called the king of the guarantee because of its convenience and possession without transferring collateral.As early as 2007,the "Property law" was promulgated and a new regulation has been made on the validity of the mortgagor's unauthorized transfer of the mortgagee during the mortgage period,but the legislative procedures in our country,include the legal background in the forming process of the legal provisions,the game of interests,etc,.are not published to the public.It's hard for the public to know.In addition,the "Property law" in 2007 made a different or even opposite regulation with the previous "General Principles of Civil Law","The Law of Security" And "The Interpretation of the Law of Security" in the problems of the legal effects of transfering the mortgaged.On the one hand,because the legislators lack the combing among the various legal systems,on the other hand,because they neglect the continuity of the system.Finally,it caused the great controversy in the judicial practice,so it is difficult to clarify the specific rules on the transfer of collateral.Based on the legislative purpose and the judicial practice,this paper attempts to discuss the validity of the mortgagor's unauthorized transfer of the mortgagee,and to analyze the protection of the mortgagee and the buyer's interests under the rules of the mortgagee's transfer,so as to balance,the interests of mortgagee,mortgagor and buyer,and finally gives the legal understanding of the problems.At the same time,when the general principles of the Civil Law have been implemented in our country and the legislative work of the various sub-provisions is under way,the author tries to give his own suggestions on the transfer of the mortgage right through the analysis of this article,so that the legislation and practice can be combined better to solve the confusion in the judicial practice.