Exploring The Determination Of The Maximum Mortgage Limit In My Country's Financial Trial Case

The mortgage at maximum amount is an ancient system that sprouted two hundred years ago and was created 100 years ago.With the improvement of the legislative system and the development of the market economy,this ancient system has renewed its vitality in the contemporary era.It has gradually become the most important financing guarantee in the financial sector.In the extraterritorial law,the Japanese Civil Law has a more detailed legal provisions on the maximum mortgage system.The research sample is the most intuitive and comprehensive,with the most abundant research results and less controversy.Before the completion of the relevant provisions on the maximum mortgage system,the "Civil Law" of Taiwan in China has been extensively and in-depth studied around the legal provisions and judicial practice of the maximum mortgage system.In particular,the writings of Wang Zejian and Xie Zaiquan are the most detailed,and the "civil law" afterwards.In the revision,the previous research results were fully referenced,and the revised maximum mortgage system was relatively complete.After China has borrowed and adopted the maximum amount of mortgage into the legislative system,the main contents of the system have been regulated through the Guarantee Law and its interpretation and the Property Law.In the implementation rules and procedures for the registration of real estate,the contents of the registration are also stipulated accordingly.However,from the perspective of legislation,the relevant provisions of China’s maximum mortgage system are still unclear.There are quite different judgments in judicial judgments.From the perspective of the criteria for the acceptance of real estate registration,the maximum mortgage registration system for real estate in China is not unified.The stipulations that the highest registration of real estate is likely to fall into the situation that the maximum amount of claims cannot be preserved from the beginning of registration is completely contrary to the original intention of the mortgage guarantee system.This paper analyzes the specific case details and cites the analysis of the existing legal system by selecting two cases after the trial guidance of the Supreme People’s Court Civil Second Court guarantee case is issued,which is contrary to the maximum mortgage limit determination..At the same time,through the comparative law research on the relevant laws outside the domain,trying to explain the legal basis of the current judgments of the judges through the differences in the legal aspects of China’s mortgage at maximum amount legal system;through the handling of the mortgage at maximum amount registration of real estate in practice According to the classification and comparison of conditions,the risk of different acceptance criteria in the mortgage at maximum amount registration of real estate in China is studied.This paper limits the main vision to the mortgage at maximum amount,especially the maximum mortgage guarantee case of the real estate.The difficulty of the research lies in how to elaborate the maximum mortgage from the existing 12 legal provisions on the maximum mortgage system.Compared with ordinary mortgages,the maximum amount of claims and the maximum amount of mortgage registration,how to analyze the system of determining the maximum amount of claims in the existing property rights law and guarantee law system in China.The research focuses on combining the existing legal provisions and proposing the referee’s point of view of the maximum amount of creditor’s rights and the maximum amount of the principal’s dichotomy in the perspective of the combination of the guarantee law and the property law,and finds the entry point for the case handling with the highest credit determination system as the core.This paper is based on the practice of financial loan contract disputes,through comparative law research,focusing on the current property rights law guarantee law on the maximum mortgage system,how to deal with the maximum compensation scope of the maximum mortgage guarantee is related to the core interests of the mortgagee The problem.On the basis of the above research,this paper attempts to propose the new referee principles that can be followed and the legislative proposals on the maximum mortgage in the subsequent compilation of the Civil Code.