The Value Selection And System Improvement Of Mortgage Property Transfer In My Country

Articles 403,404 and 406 of the civil code of the people's Republic of China establish the rules for the transfer of mortgaged property,which not only allows the mortgagor to transfer the mortgaged property freely,but also endows the mortgagee with the right to pursue the mortgaged property,effectively integrating the three core values of freedom,efficiency and safety that the mortgaged property should contain,It highlights the maintenance of market economy and transaction security by the civil code,and creates a good social and economic environment.Different legislation for the same object is essentially different value game,interest balance and path choice.As the carrier of value,law embodies different value expectations and values;Value also affects the distribution of legal rights and obligations,and affects the process of legislation and the implementation of law.The variation and alternation of the legal system of the transfer of mortgaged property in China undoubtedly represent the mutual game and path choice of the free value,efficiency value and safety value of mortgaged property.Based on the analysis of the value,this paper,on the basis of studying the legal provisions on the transfer of mortgaged property in China and other countries,is committed to exploring the value variation and legislative changes in the transfer of mortgaged property in China,striving to scientifically interpret and apply the legal provisions on the transfer of mortgaged property in the civil code,and puts forward some opinions on its improvement.The basic structure and logic of the article are as follows: the first part combs the legislative evolution of the transfer of mortgaged property in China,clarifies the basic trend of the legal reform of the transfer of mortgaged property in the civil code,and refines the disputes and problems existing in the reform of legal provisions,judicial interpretation and judicial application;The second part discusses the value choice of the reform of the mortgage property transfer system,focusing on the interest game and right balance among the three value demands of freedom,efficiency and safety in the design of the mortgage property transfer system in the civil code;The third part compares the system construction and value demands of the transfer of mortgaged property from the two dimensions of real estate mortgage and real estate mortgage,and extracts useful experience for our law;The fourth part interprets the application of the mortgage property transfer clause in the civil code through different value standards,and puts forward suggestions to improve the existing problems.