The Breakthroughs In The Property From The Mortgage?

For the relationship between the creditor and the mortgagee,in the law of our country only in the second paragraph of the 179 th article of the property law,there is a stipulation about the "creditor as the mortgagee".From this point of view,the creditor and the mortgagee should be the same owner in the legal relationship of mortgage.This is the only explicit provision for the relationship between mortgages and creditors in the law.But in practice,in some cases,in some cases,the parties may entrust other people to register the right of mortgage for the convenience of the formalities.In some cases,the real creditors can not be registered by the third party because of the requirements of the mortgage registration authority.The case of inconsistency between the owner of the right and the mortgaged.When the creditor is not in conformity with the nominal mortgagee,is the mortgage legal relationship at that time divorced from the regulation of the 179 th section of the property law? In this case,what is the effect of the mortgage? When the mortgage right occurs,can the main creditor claim to exercise the mortgage? At this time,if we believe that the main creditor has the right of mortgage,is the property of mortgage right broken? In order to study this problem,this paper,based on the research methods of literature research and case analysis,is based on the database platform of the Chinese judicial case ofNorth France,supplemented by non litigation cases and the Chinese referee's web,and retrieves the referee documents by the courts,and collates the cases related to the property breakthroughs of the mortgage,which is based on this.Analyze the relevant problems in judicial practice.Starting with the conflict and legal provisions of the property in the legal practice,this paper analyzes the relevant provisions of the current law on the mortgage system in our country,and combines with the problems occurring in the practice,and finally puts forward the solution of the substance and problems of the problems under the law.The author of this paper has a novel point of view.The author finds that although the research on the guarantee system is complicated and complicated,the study of the mortgage from the point of view of the breakthrough of the property is less,and the author tries to study the disagreement between the creditors and the nominal mortgages from the case of the case.The article is mainly discussed from the following two parts.In the first part of this article,the author collates the case type of the civil dispute and the result of the court's referee,which disagrees with the creditor and the nominal mortgages in the judicial practice,and then combs the actual plight of the creditor in practice because of the property of the mortgage.In the second part of this article,the author selects typical cases from the first chapter of the case,starting with two types of cases and six typical cases,briefly introduces the basic situation of the case,the judgment and discussion of the court,and makes his own analysis and judgement on the legal relation of the case and the law principle behind the judgment,And whether the case of inconsistency between the creditor and the nominal mortgage holder in the practice has made its own analysis and judgment on the property of the mortgage,theoretical analysis of the case,the treatment opinion of the case,the solution of the case itself,or the proposal to solve the similar cases.On the basis of this,the plight of mortgage right in P2 P net loan platform is analyzed,the specific legal problems reflected in the summary are summarized,and the legal principles behind the decision are discussed.From the angle of legal interpretation,the problems are solved under the current law.