Research On Types Of Maximum Mortgage Disputes And Judgment

In the market economy,Secured transactions play an important role.As a special mortgage method,the maximum amount of mortgage arises at the historic moment in the complicated and changeable market economy.The maximum mortgage not only has the characteristics of ordinary mortgages,but also has unique legal characteristics.Although the Real Estate Law and the Supreme People's Court's Interpretation of Several Issues on the "Guarantee Law of the People's Republic of China" have further stipulated the maximum amount of mortgage.However,due to the complexity of commercial transactions,there are still many uncertain factors in the maximum mortgage.The introduction puts forward the intention of this paper,the text is divided into three parts.The overall idea of this article is to first analyze the unique characteristics of the highest mortgage,find out the difference between it and ordinary mortgages,and then sort out the highest mortgage disputes in China's judicial practice and type analysis to clarify The state of justice.On this basis,based on the typical case judgement,and based on the disputes caused by the unique legal characteristics of the maximum mortgage,discuss the impact of the maximum mortgage on the parties' right of priority after the change,Therefore,it should be concluded that when the maximum mortgage priority compensation scope should be the maximum principal amount or the creditor's right.Analyze two situations.Finally,it is discussed that when the mortgaged property is judicially sealed up,the determination of the maximum amount of mortgaged property in the Real Property Law and the Supreme People's Court's Provisions on the Enforcement,Seizure,and Freezing of Property in the Civil Execution of the People's Court is different,which will affect the parties.Finally,based on the empirical analysis,it discusses how the parties should do a good job of preventing legal risks in the dispute over the maximum amount of rights.The first part discusses the basic legal principle of the maximum mortgage,and compares the general mortgage right,expounds the unique characteristics of the maximum mortgage.The second part,based on the data analysis,expounds how the court determines the maximum mortgage in the judicial judgment.This paper analyzes the disputes over the effectiveness change,priority right of repayment and the amount of secured obligatory right after the mortgage is sealed up.By consulting,collecting and dealing with related cases,this paper discusses the facts and judgment thoughts in the case of mortgage dispute of maximum amount from multiple angles,and analyzes its judicial effect?The third part aims at the existing legal framework,through empirical analysis to find the possible remedy path,and demonstrate the feasibility of this path.