The Application Of My Country’s Mortgage Transfer Rules Under The Interpretation Theory

Although the "Civil Code" has changed the "Restricted Transfer" of the "Property Law" to "free transfer",and has specially stipulated the recovery force in order to protect the interests of the mortgagee,there are still many confusions in the application process of Article406 of the "Civil Code".This article mainly analyzes the disputes existing in the application of Article 406 of the Civil Code,and provides theoretical and judicial support for the controversial views that I support.Article 406 of the Civil Code,as a general rule of mortgage,applies to immovable property and there is no dispute.But looking at all countries in the world,either the movable property is included in the code,or the corresponding mortgage application rules are separately stipulated for some movable properties.From the perspective of facing the future,Chinese academic circles advocate that the scope of application of Article 406 can be expanded to include movable property,but there are obstacles to the pursuit of mortgage rights in the fields of movable and immovable properties.The rules of "registration confrontation" and "normal business buyer" as special provisions can block the pursuit of registered chattels.The inclusion of movable property in section 406 does not preclude the application of the principle of special statutes taking precedence over general statutes.At the same time,although the "registered confrontation" and "normal business buyer" rules can block the pursuit,the overall and the application of Article 406 still need to clarify the registered movable property and the unregistered movable property,whether it includes the change of possession,and whether the floating mortgage is not.Priority Fixed Mortgage Receipt,Application of Multiple Assignment Rules,Issues Concerning the Effect of Breach of Special Rules,and Applicable Remedies.Real estate can also be blocked in special circumstances.The exception of "other agreement" shall be effective between the mortgagee and the mortgagor.The assignee should also distinguish between good faith and bad faith according to the specific situation,in order to fight against the pursuit of the mortgage right.The mortgagor’s obligation to "notify" when transferring the mortgaged property falls within the scope of the mortgagee’s right to know.Violation of this stipulation can result in three situations: effective,invalid and relatively invalid,and different remedies are applicable accordingly.At the same time,in order to fully protect the mortgagor’s right to know,the dual relief before and after the event should be carried out from the perspective of improving the mortgagor’s registration obligations and building a unified registration system.Finally,it is believed that the provisions of "early repayment of debts or withdrawal" in paragraph 2 of Article 406 do not belong to subrogation of valuable assets.By analyzing the existing methods of clearing mortgage rights in my country and excluding the application of the right of expropriation,it is proposed to construct the assignee’s right of recourse.reasonable.