Study On The Case Of Mortgage Disputes Over The Maximum Amount

Since the establishment of the maximum mortgage system under the Guarantee Law,the understanding and application of the maximum mortgage system have been divergent.In essence,the maximum amount of mortgage is a form of security with both preservation and financing functions,which has a positive effect on promoting the efficiency of social and economic operation,and because its procedures are relatively simple,while facilitating the parties,it can also have the value function of promoting financial integration,so in the current fast-paced society,the business is more and more favored by various financial institutions such as banks,but in judicial practice,it has encountered more and more implementation problems,therefore,It is necessary to focus on analyzing the judicial application of the maximum mortgage system,exploring the value legitimacy and applicable technicality of the maximum mortgage system,and ensuring the harmony and stability of the financial market.In order to clarify the main reasons for the inconsistencies in the interpretation of the relevant legal provisions of the maximum amount mortgage by judicial entities,three typical cases and 79 sample cases were selected for empirical research,and the main points of difference in the judicial application of the maximum amount mortgage system were analyzed and summarized as follows: 1.Failure to clearly define the scope of security for the maximum amount mortgage.2.Failure to clearly raise the issue of registration of the maximum amount of mortgage rights.3.Failure to clarify the circumstances of the change of the maximum amount of mortgage.In this regard,this paper traces the theories of different points of dispute in the three cases,that is,the definition of the maximum amount of the maximum amount of mortgage from the aspects of the maximum amount of principal and the maximum amount of the claim is sorted out,the registration of the maximum amount of mortgage is sorted out from the aspects of the review method of the registration of the establishment of the maximum amount of mortgage and the review of the amount of the secured claim in the establishment of the maximum amount of mortgage;and the change of the maximum amount of mortgage is analyzed from multiple aspects,such as the change of the scope of the secured claim,the change of the maximum limit and the change of the period during the establishment of the maximum mortgage claim.In order to make the legal norms more perfect,this article proposes some improvement measures for them.First of all,in terms of the improvement of the definition of the maximum amount of mortgage,when it comes to the contract,the maximum limit of the maximum amount should be fully taken into account,in this case,the maximum amount of principal should not be adopted;in terms of the improvement of the registration of the maximum amount of mortgage,it is recommended to adopt the registration effectiveness doctrine for the recognition of the maximum amount of mortgage,emphasizing the review of the amount of creditor’s rights in the process of registration of the maximum amount of mortgage;in terms of the modification and improvement of the maximum amount of mortgage,it is recommended to clarify the scope of application of this provision and the applicable circumstances.It is also necessary to clarify the change of the settlement period in the maximum mortgage contract and the conditions of the change.