Study On The Application Of Law Of Maximum Mortgage Seizure

The definition of Maximum mortgage is from the Civil law of France.After it,Germany made it more clearly.In legal practices,the Maximum mortgages are always seal up by courts.In the case of Maximum mortgagee does not get the sealing notice from courts,does the Maximum mortgagee still have the counterpart priority of compensation?There still exist some discussions.The main reason is that there are different laws in our country.Exactly,the problem is between the article206 of the ?Property Law? and the article 27 of the ?Provisions on Seizure?.The key point which need to be concerned is that how to judge the creditor's rights determining time point,rather than the perish of the Maximum mortgage.Accordingly,this proper starts with cases,the main questions which needs to be discussed is that why are so many different practice in life between the article 206 of ?Property Law? and the article 27 of the? Provisions on Seizure?.Maximum mortgagor depends on the start purpose,for example,registration for once,commercial transaction for many times.The highest amount mortgagor,based on the purpose of the establishment of the maximum amount mortgage system,that is,in order to facilitate the registration of multiple commercial transactions,after establishing the maximum amount mortgage to its creditors,However,in judicial practice,courts often have different judgments on the timing of the determination of claims after determining that the maximum amount of collateral has been judicially seized.For example,Some court judges in such cases will choose to use the maximum amount of collateral as the time for determining the maximum amount of mortgage claims when judicial seizure is made.Another case is that some court judges will notify the maximum amount mortgagee by the court when deciding such issues.The time when the highest amount mortgagee's knowledge of the highest amount of mortgaged property is determined as the maximum amount of mortgaged claim,that is,when the claim is determined,The maximum mortgagee no longer enjoys the priority right of repayment stipulated in the Property Law for subsequent claims,and only enjoys ordinary claims.It further explains that the main legal basis for the court to use attachment as a time for determining the claim of the highest amount of mortgaged property being judicially seized is the provisions of China's Property Law,and accordingly,In judicial practice,some court judges believe that the highest mortgagee should be informed of the fact that the highest mortgagee is legally sealed,such as the way in which the seizure court will notify the highest mortgagee.The main legal basis is the judicial interpretation issued by the Supreme People's Court.In my opinion,firstly,we should know the key cause of how Maximum mortgage happens and what is the proper creditor's rights determent time point;Secondly,we should select the correct way to understand these two different articles,in order to show the legal purpose of Maximum mortgagee;Thirdly,we need to talk about what is the right answer about the article 27 of the ?Provisions on Seizure?,is it a advocacy norm as some judges claim.Last but not least,after being sealed up,how to compare the merits of Maximum mortgagee,first creditor and ordinary creditor.This proper is going to demonstrate that three main questions.The writer select three different review level cases seriously from Nanping city,Fujian province,Wenzhou city,Zhejiang province,Hangzhou city,Zhejiang province.According to the study point of theoretical circle,meanwhile using the dialectical analysis and merits comparing methods,in order to give some help for the judgment practices.