Interpretation And Comment On The Mortgage Transfer

There is a great controversy over Article 191 of the Property Law,and the problem mainly focuses on the transfer of mortgage property.Most scholars criticize the legislative defects of the provision from the point of view of legislation.In this paper,the application of the law as the core,from the perspective of interpretation,trying to practice from the perspective of the application of the article to make a reasonable understanding.This paper is divided into seven parts,as follows:The first part,Introduction.Briefly combing the research status quo at home and abroad,and for the academic community to analyze the perspective of legislation.It is necessary to put forward the opinions of the scholars on the defects and problems of the existence of the law.However,the explanatory view is more practical from the practical application of the law and the stability of the law.The second part,the overview section.This paper mainly combs the emergence and development of the mortgage system,and compares and analyzes the normative changes of the mortgage property in China.The third part,the study of legislation.Mainly listed in the continental legal system as the representative of France,Germany,Japan and China's Taiwan region of the relevant provisions,involving the scope of the mortgage property,chasing and other issues.The fourth part discusses the restriction of the publicity system of mortgage in China.In view of the entry into force of essentialism,the registration of confrontational materialism,to discuss China's publicity system of mortgage property in the movable property,real estate transfer constraints.The fifth part,to explore the issue of mortgage and chase.From the theory and judicial practice point of view,obtained the "Property Law" Article 191 affirmed the mortgage has the effect of catching up.The sixth part discusses the issue of transferring mortgage property agreements.Academia and the judicial practice of the dispute is more obvious,discussed the burdenof behavior and punishment behavior,and through semantic analysis and systematic interpretation of the transfer of property agreement can be considered effective.The seventh part,to explore the right to clean up,on behalf of the right to pay the issue.By comparing the connotations of these two rights,and in the comparative law,we have not recognized the system.The main methods of this paper are comparative method,method of legal interpretation and empirical analysis.