On The Legal Research Of Mortgage's Realization

The realization of mortgage is that debtor default the due debts or the condition that litigants agreed to realize mortgage has take place, the mortgagee has the right of disposing the pledge and priority of compensation. The path of achieve mortgage including public protection self-protection and admixture, Public protection is by means of national specialized judicial procedure to protect civil right, which include civil procedure and executive routine. Self-protection is that creditor rely on his own power enforce trespasser, reach a aim of.protecting civil right, which all have their own advantage and disadvantage. The ways of realize mortgage including auction,discount and sell off. How to realize mortgage by a swift and lowly way is not just have theory meaning but practical significance. In order to improve the realization of mortgage, our country should rely mainly on public protection, and put the self-protection as a auxiliary way. Public protection rely mainly on direct enforcement, meanwhile allow the litigants to sign flow escort contract freely, give introduce the system of compulsory management and mortgagee the right of possession of collateral, which can prefect the system of mortgage realization, give full play of the mortgage's guarantees function.