Study On Effectiveness Conversion System Of Invalid Mortgage Of Real Estate Unregistered

As a classical expression of the basic value and principle of market economy,private law’s eternal value lies in the fact that private law is rooted in the huge demand of human beings for production and trade.And the soul of private law lies in self-government.That is to say,the subject of civil transactions through their own will without illegal intervention.As a tool of the autonomy of the will of the civil subject,legal act plays a very important role in the transaction of the civil subject,while invalid civil juristic act is the negative evaluation of the autonomy of the will of the civil subject,which inhibits the transaction.In modern society,based on the consideration of social public interests,public order,good customs and other factors,it is necessary for the state to negate the evaluation of legal acts.If the identification of invalid civil juristic acts is not restricted,it will undoubtedly hinder the normal development of the market economy.This paper will study on effectiveness conversion of invalid mortgage of immovable property,based on the principle of autonomy of will under the private law.Firstly,this paper defines the concept of effective conversion about invalid unregistered real estate mortgage validity.On the basis of clear concept,starting from the necessity of the system of effective conversion about invalid unregistered real estate mortgage validity,this paper studies the validity of the conversion system of the invalidity of the mortgage right of unregistered immovable property,constituent elements and application of law.Expounding the theory of the effective conversion system of the invalidity of the mortgage right of unregistered immovable property,and Combined with the relevant judgment of unregistered Real Estate Mortgage in China’s Courts.This paper points out that due to the objective demand of the development of market economy and its profound value connotation,so the effective conversion system of unregistered immovable property mortgage should be paid more attention.According to the viewpoint of the article,based on the special provisions of the existing law on the mortgage of immovable property,after the mortgage right of unregistered immovable property is found to be invalid,conversion of the validity of unregistered invalid mortgages should be approved,based on the mandatory or social public interest in the field ofprivate law,and the principle of maintaining the effectiveness of a legal act,as far as possible,unless the act is in violation of the validity or the social public interest of the laws and regulations.In addition to the theory for the registration of real estate mortgage invalid effect of the conversion analysis,this paper also carries out a statistical analysis of relevant cases in China’s judicial practice through the statistics of big data.Although there is still a blank in the legislation on the conversion of the invalidity of the mortgage of real estate,In judicial practice,some courts have begun to pay attention to and apply the value orientation of the conversion system of invalidity of real estate mortgage.This shows that the invalid validity conversion system of unregistered real estate mortgage has taken root in our country,and also reflects that some judges in our country have perceived the institutional value of the system and the urgent need for the system in our judicial practice.This paper combines the judicial practice of our country with the effectiveness conversion system of unregistered mortgage of real estate.In the process of our country stepping into the civil law country,the concept of private law autonomy must be believed,and the rights of private subject should be fully guaranteed,and the autonomy of will of civil subject should be fully respected,which is the shortcut to encourage and promote the transaction.The function of the effective conversion system of the invalidity of the real estate mortgage is to ease the contradiction between the public power and the private subject’s right,stabilize and guarantee the transaction order,improve the transaction efficiency,and give full play to the value connotation of the system.