The Defense Of The Feasibility Of The Mode Of Restricted Transfer Of Collateral Property

The transfer of collateral involves at least the interests of the mortgagor,the mortgagee and the vendee of the collateral,the rational design of the collateral transfer rules is essential for maintaining the interests of the parties involved in the transfer of collateral.The provisions of Article 191 of the Property Law on restricting the transfer of collateral have been criticized for a long time,and people sought after the model of free transfer of collateral consistently.At present,the legislative work of each sub-part of the civil code is in progress,and the provisions of the draft of each sub-part of the civil code on the transfer of mortgage also respond to the voice of the academic community,and adopt the regulation mode of free transfer combined with the pursuit and effectiveness of the transfer of mortgage.However,there are some problems such as neglecting the interests of the mortgagee and the interests of the guarantor on the mortgaged property.This paper tries to prove the rationality of the mode of restricted transfer of the collateral,on the basis of which,the article 191 of the "property law" is interpreted,it is proposed that the collateral transfer rules can be built with the restricted transfer model as the core.As the old saying goes,"it is wise to listen to both sides of the story." I hope that some of the viewpoints put forward in this paper can make a subtle contribution to the clarification of the mortgage transfer rules in the civil code.