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Research On The Mortgage Of Land Management Rights Under The "Three Rights Separation"

Posted on:2019-03-12Degree:MasterType:Thesis
Country:ChinaCandidate:Z Y XiongFull Text:PDF
GTID:2436330545458644Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Under the "three rights division",the right to the contracted management of land was divided into land contracting right and land management right.Land management right refers to the right to occupy contracted land within a certain period of time,to organize the production of agricultural products and to dispose of the products,and to obtain corresponding income(including subsidies).Based on the theory of separation of ownership right,the establishment of land management right in the right to the contracted management of land does not violate the theory "one thing with only one right",at the same time,the land management right should be characterized as usufructuary right,and the land management right has to be registered to be effective.The mortgage right of land management right is set to focus on mortgage contracts and registration.The mortgage of land management right does not require the written consent of the contracting party or the contractor.The mortgagor should not be limited to large-scale business households.The mortgagee can gradually extend to non-financial institutions and individuals on the basis of financial institutions.The mortgage right of land management right is rights mortgages,not rights object mortgages.Agreement discount should not become the realization method of the mortgage right of land management right.Apart from the statutory agreement to sell,the agreement to auction,the forced sale,and the forced auction,China still needs to add the implementation of mortgage management and other methods to realize the mortgage right.
Keywords/Search Tags:Three Rights Division, the Right to the Contracted Management of Land, Land Management Right, the Mortgage Right of Land Management Right
PDF Full Text Request
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