Some Legal Questions Research In Real Estate Mortgage Rights

Along with the development of our market economic, real estate mortgage was accepted by more and more market economic players as a vital financing and guarantee means. To a certain degree, real estate mortgage promote transaction dramatically, maintain market economic order stabile. In order safeguard our market economic developing smoothly, it exerts vital effect. But our current real estate mortgage legal system can not reflect the characteristic of real estate mortgage, even it exists some serious flaw, all these make it is hard to exert effect of real estate mortgage, and effect it's valuation. This dissertation will refer to legislation of Taiwan District and other countries, combine Chinese adjudgement practise, will discuss some very important questions, especially on the conflict and harmonization in real estate mortgage rights, in order perfecting and develop our real estate mortgage legal system. The dissertation is divided into five chapters, there are:Chapter 1. Formation, effect of real estate mortgage contract, and acquirement of real estate mortgage rights. Author begin with our current legal systems of formation and effect of real estate mortgage contract, and the acquirement of real estate mortgage rights, and two main academic views of it, analyze conditions of real estate mortgage contract becomes effective, and conditions on acquirement of real estate mortgage rights, expatiate flaw and reason of our current real estate mortgage legal system, bring forward author's own view. Chapter 2. Conflict and harmonization in real estate mortgage rights and other limited property rights. Author analyze the characteristic of all kinds of real estate mortgage rights and rent of on- constructing project mortgage, preselling commercial real estate mortgage, analyze how to resolve conflicts between it from theory. Bring forward principals on deal with it, wish to give some useful reference on ajudgement pratise. Chapter 3. Conflict and harmonization between real estate mortgage private rights and public rights. main questions are: (1)Public rights interfere private rights during the course of real estate mortgage registration, through analyzing and researching, bring forward ways on how to resolve the question about public rights interfere private rights and how to regulate real estate mortgage registration, ; (2) Conflict and harmonization between real estate mortgage rights and administrative punishment, and author consider that when conflict rises between real estate mortgage rights and administrative punishment, it should protect real estate mortgage rights owners to realize its' mortgage rights in advance.Chapter 4. Conflict and harmonization in real estate mortgage other rightsAnalyze conflict and harmonization between real estate mortgagor and real estate mortgagee when house dismantling and moving, Analyze conflict and harmonization between real estate mortgagor and real estate mortgagee when mortgage object demolishing and vanishing. Chapter 5. Conflict and harmonization on how to realize real estate mortgage rights. Author combines ajudgement practise, analyze manner on how to realize real estate mortgage rights and the order of getting compensation. And compare legislation in Taiwan district and other countries. Author brings forward which way to realize real estate mortgage rights and the order of getting compensation. And bring forward author's own opinion on how to harmonize conflict between real estate mortgagor and real estate mortgagee.