Research On The Effect Of Parents Mortgaging Their Children' Realty

At present,there is a gradual increase in disputes caused by the mortgage of the parents in the name of their minor children,and there are relatively few researches on the problems existing in the mortgage behavior of the scholars.The relevant laws and regulations of our country have too abstract and vague provisions on the related problems existing in the house under the name of the parents ' mortgage of the minor children,which leads the theorists to have different views on the effectiveness of the House under the name of the parents,which leads to the difference of the judgment result of the judge to the dispute in the judicial practice.Make the result of the referee more fair and reasonable.Firstly,this paper studies the ownership of housing in the case of parents mortgaging the housing of minor children,and clarifies that the house in the name of the minor children is not the common property of the family but belongs to the minor children,and secondly,analyzes the attributes of the mortgage behavior of the parents and the validity of the mortgage contract.In the academic circles,there are two theories about the nature of mortgage behavior,such as the existence of no right to dispose of and the right to represent,this paper holds that the mortgage behavior is more reasonable in this case,and through the typology study of the mortgage behavior of the parents in the name of the minor children,a clear distinction is made between providing security for the debts For the minor children's own interests and for the parents ' own debt or their own business debt in three cases of parents in the name of minor children mortgage behavior effect.Finally,the essence of the problem of housing effectiveness of parents mortgaging minor children is the conflict between the protection of the interests of minor children and the security of transactions.In judicial practice,the interests of judges should choose need to be considered comprehensively at this time,so as to make an accurate choice between the interests of minor children and the security of transactions.At the same time,we should drawon other national and regional legislation to study the problem,make up for the lack of relevant legislation in China,establish a set of more perfect procedures in line with China's national conditions,set up a supervision body to perform the status of guardianship duties for guardians,in order to properly manage the property of minor children,better protect the interests of minor children.In addition,we look forward to providing effective assistance to judges,lawyers and other practical staff in carrying out relevant business,promoting the unification of judicial decisions,improving the efficiency and quality of the trials of relevant cases in judicial practice,and effectively alleviating social contradictions.