Legal Problems Of The Real Estate Mortgage System

The mortgage of real estate is the core of the guarantee legal systems and is called " the king of guarantee" for its satisfying the need of fund usage of guarantee and real estate's practical usage. But the defect in the real estate legal systems of out nation restricts the function of the systems. The article explores the problems existing in the real estate legal systems in our nation, with about 43, 000 words in all and four parts apart from introduction and conclusion.Part one, general introduction on real estate mortgage, the author generalizes the common regular pattern, with the comparation of the listaoric development in major countries or regions of genealogy law countries in a comparative way. Then outlines the concept of real estate mortgage and it's legal characteristics, analyses the balance between value of efficiency and value of safety related. To the real estate mortgage legal systems from the angle of the whole systems.Part two, the establishment of real estate mortgage. The author analyses several important issues in the establishment of the real estate mortgage. The first, declares the author's opinions on the nature of the contract of real estate mortgage and the mortgage property, two controversial issues .The second, explores the relation between ownership and land usage and makes dear that the separate mortgage of the real estate and landed property should be approved, along with the approval of joint mortgage of it. The third, advances the issues which should be paid attention to solve on the basis of analysing three types of basic mortgage registration systems and registration force.Part three, the force of real estate mortgage. The author analyses the real estate mortgage in two aspects, the internal force and external force. For the internal force, the article analyse the scope of aes suum and mortgage property of the real estatemortgage in a comparative may . Concerning the intermix force, The article explores mainly the relation between real estate mortgage and gage, the effects of real estate mortgage to tenancy, the relation between real estate mortgage and administrative punishment and that between common mortgage and legal charge.Part four, the realization and relievation of real estate mortgage. The author explores the limit of the implementation of real estate mortgage and the conditions and manners of it's realization, and outlines the considerations about how to construe the time limit systems of the real estate mortgage in our nation, with the analysis on the legislation practice related to time limit of mortgage. Finally, discusses the theoretical composition of mortgage infringement, the types of infringement and the means of remedy.Conclusion, advances the practical advices for the improvement of the real estate mortgage systems in our nation on the basis of the analysis on the irrational practices in our current real estate mortgage systems.