On Joint Mortgage Right

Joint mortgage institution is an extremely important special mortgage institution, which plays a significant role in modern economic life. The civil codes in many countries and regions of Continental Legal Family such as Germany, Japan, Switzerland, Korea and Chinese Taiwan have definite stipulations on it. However, the legislation in China makes no provision for this. In addition, judicial interpretations concerned still have a lot of deficiencies.According to the existing research of joint mortgage institution in our country, we find that the main problem concerning the effect of joint mortgage right is the lack of comprehensive and deep study, and a consensus has not been reached in theory. To be worse, the majority of theoretical studies don't pay much attention to judicial practices, lacking feasible specific suggestions and measures. As a result, for one thing, we are expected to make a thorough study of joint mortgage institution to improve the legislation; and for another, before the construction of joint mortgage institution, similarly, we are expected to analyze and integrate relevant legal provisions now available, raise reasonable judicial suggestions so as to support the judgement of current cases.The thesis analyzes and construes joint mortgage institution in terms of civil law adaption. First of all, basic issues such as the concept of joint mortgage right, and the key issues such as the effect of joint mortgage right, are analyzed through historical analysis, comparative analysis and case analysis, etc. And then on this basis, the sources of various civil laws of our country are analyzed and integrated in terms of civil law adaption, and judicial proposals are brought up tobuild up a preliminary joint mortgage institution in China.The thesis falls into four parts,introduction excluded. In part one, the meaning of joint mortgage right is analyzed. First, the concept of joint mortgage right is defined and elaborated, and its characters are summarized based on this; moreover, compared with a few similar concepts, joint mortgage right may be understood further. Second, the ideas concerned with the character of joint mortgage are introduced, and then the author puts forward his own opinions. Finally, the categories of joint mortgage are introduced to make it better understood.In part two, the effect of joint mortgage right is expounded and analyzed. Through such comprehensive methods as comparative analysis and case analysis, a variety of legislation and relevant theories may be analyzed and integrated in detail, so that the effect such as the realization and punishment of joint mortgage right may be held better.In part three, civil law adaption of joint mortgage right is comprehensively and deeply analyzed. Attempting to analyze joint mortgage right in terms of civil law adaption, this part raises the regulations of civil law adaption of joint mortgage right in the present legal institution of our country on the basis of the analysis of sources of various civil laws. In this part, the author does some distinctive thinking.In part four, based on the three above-mentioned parts, the author tries to construt Chinese joint mortgage institution. By studying and borrowing the suggestions for reference offered by scholars, the author is bold to propose legislative suggestions of his own to provide reference for future legislation.