Research On The Liability Of Mortgagor Without Real Estate Mortgage Registration

Did not deal with issues of real estate mortgage registration arguments in the theoretical circle,liability for breach of contract,the guarantee responsibility,the liability for guaranteeing the atypical,the duty of the mortgage registration of diffusion to strengthen again,is the nature of the mortgagor responsibility in definition,at the same time the mortgagor is exactly in joint way to bear the responsibility or responsibility in a way,so far has not yet been determined.On this issue,there are different opinions in the academic circle,and there are also differences in judicial practice.In this case,how to define the qualitative problem of mortgagor’s liability.In addition to qualitative problems,there are also problems in the specific responsibility of the mortgagor.Although the newly issued Jiu Min Ji Yao and The Explanation of Guarantee System have made provisions on the specific responsibility of the mortgagor,there are still deficiencies.Jiumin Records does not endow the mortgagee with the right to choose.But whether mortgagee has option,this one problem is worth discussing.At the same time,the provisions of the law on the scope of liability of the mortgagor are more general,which provides limited guidance for judicial practice.And the scope of the mortgagor’s liability is inaccurate.Even after the Supreme Court issued a guidance case,the issue remained unresolved.This paper argues that it is more reasonable to regulate the mortgagor with the liability for breach of contract,and the mortgagor should bear the liability in proportion,and give the mortgagee the right to choose,so as to clarify the scope of liability of the mortgagor and the mortgagee.It is more accurate to define the property scope of the mortgagor’s liability within the value range of the mortgaged property when the mortgage is realized.