The Right Conflict Resolution Mechanism Under The Situation Of Lease Prior To The Mortgage On Real Estate

In moderm society,it is more and more common for a same real estate to bear multiple rights at the same time.Under the circumstances that the mortgage prior to the lease,the realization of mortgage causes the legal conflict among the subjects of multiple rights.However,there are still two main problems in the existing legal mechanism on how to deal with the legal disputes of all parties and properly settle the interests of all parties:1.Although the basic conflict-of-rights resolution rules have been set up,the legal logic and application of each law are not clear and cohesive,and even there are contradictions between their expressions.2.The absence of specific rules on separation of rights leads to the lack of basis for legal judgment in judicial practice,which leads to confusion in adjudication and fails to achieve the legal effect of the ideal balance of rights and interests.The text is divided into four parts.The first part is to sort out the relevant rules.It mainly focuses on the normative intent of Article 190 of the Property Law,clarifies the existing conflict resolution mechanism,and provides the basic framework for the discussion and supplement of the following text.The second part,aiming at the premise of this article,further explores the nature of the conflict between the two rights through the analysis of the time node of the right of mortgage and leasehold,so as to understand the meaning of "confrontation" in 190 articles.In the third part,based on the foregoing,the author puts forward how to judge the existence of leasing relationship has an impact on the realization of pre-mortgage and the legal and reasonable body and way to eliminate the leasing relationship.The fourth part,aiming at the matching rules of interest protection,explores the shortcomings of its provisions,which make 190 articles expected to achieve more effective legal effect;at the same time,combining with comparative law analysis,puts forward the law to be improved,hoping to provide reference for the improvement of the conflict resolution mechanism in this article.