A Practical Analysis Of The Scope Of The Priority Of The Mortgagee Of Real Estate

As an important system of modern civil law,mortgage system has been paid more and more attention by the international community with the development of economic globalization.Although China's mortgage system started late,but with the deepening of reform and opening up,security law,property law has been implemented,mortgage system in the legislative level is becoming more and more perfect.In recent years,mortgage,as a kind of guarantee often used in daily transactions,plays an irreplaceable role in guaranteeing the realization of creditor's rights and promoting social financing.However,in judicial practice,due to the late implementation of the property law,different judges often have ambiguous views on the connotation of mortgage,especially the real estate mortgage,and the contents recorded in the mortgage register.And recorded on real property register information does not reflect the "People's Republic of China property law" and "security law of the People's Republic of China" regulation of mortgage contract should have the content,the scope of mortgage guarantee,this is not conducive to the legislation,the correct implementation of the property law,is unfavorable to exert legal effect on the maintenance of the socialist market economic order.In this paper,two main line,the first in the first line is based on the perspective of judicial practice summary in district court in currently hold across two different point of view,further analyzing the theoretical basis of two ideas or the legal principle behind it is,to reveal the mortgage registration shall be recorded in the content at the same time,the mortgagee shall provide corresponding advice;The second main line is based on the real cases of the agency,through the study of the priority of the real estate mortgagee's right to compensation and the conflict between the mortgage contract and the real estate registration record,to write the legal opinions of the agency cases.In the first part of this paper,starting with the real cases represented by the agent,two divergent views on the priority compensation scope of the real estate mortgagee are expounded in the current practice,and the representative cases of the two views are retrieved,which directly reflect the current disputes in China's judicial practice.In the second part of this paper,two divergent views and their basis are mainly expounded,and local courts with two divergent views are retrieved through big data.The third part of this paper,aiming at the two different views,puts forward the priority scope and reasons of mortgaged property compensation in real estate registration practice.The fourth part of this paper puts forward a solution to guide the mortgagee to maximize the benefit of his right of priority in the conclusion of mortgage contract and litigation.The fifth part of this paper,as the second main line of this paper,echoes the first part of this paper and presents the research results based on the legal opinions of the real cases represented by the author.