On The Scope Of Creditor's Rights Guaranteed By The Maximum Mortgage

In the mortgage system of maximum amount,the biggest difference between it and ordinary mortgage system lies in that it will not confirm the final guaranteed claims at the time of establishment,but sign a mortgage contract to guarantee a series of unspecified claims.This system is not only efficient and convenient,but also can reduce transaction costs,help to promote financial integration,and meet the needs of transaction subjects to carry out frequent trade transactions.In the practical application of the system,the determination of the scope of secured claims is very important,and the change of the scope of claims has an important impact on the realization of the maximum mortgage.However,the definition of the scope of creditor's rights guaranteed by maximum amount of mortgage is not clear and clear.At the same time,in the face of the impact on the third party when the scope of creditor's rights is changed and the existing creditor's rights are transferred,and whether it is necessary to register the change,there is constant debate in the academic circle.In judicial practice,the situation of "different judgments in the same case" is very common.Based on the judicial practice of our country,through the analysis of specific cases,the paper sums up the focus of disputes and the causes of problems,sorts out and summarizes various academic viewpoints,in order to better play in practice the advantages and role of the maximum amount of mortgage.