Let The Guarantee System

Commercial housing loan guarantees, that is what commercial housing "mortgage". Mortgage means the debtor or a third person will transfer the ownership of commercial housing in the claims of creditors and secured creditors in the liquidation period has been agreed to the liquidation of the form of a guarantee. At present, China's judicial practice court for mortgage disputes and being unable to go to deal with them as a mortgage. However, my so-called commercial housing mortgage loans and collateralized mortgage different. So I tried to introduce civil law for the security system and to resolve the problem.This article is divided into three main parts, Introduction made by the first article to address the problem that our current commercial housing mortgage existence of the de jure applicability of the relevant norms, and therefore the need for the introduction of civil security system. In the first chapter, introduced to the history and evolution of the security system, the relevant provisions of civil law countries, common law mortgage system, and commercial housing mortgage on the country's current situation. Chapter II with the guarantee system to allow specific content to do a more detailed introduction. Chapter III is the analysis of the security system in our country and let fate. And guarantees in the legislation creating the system, not as an independent real estate mortgage contract types exist necessary.This contribution is that, 1 :and guarantee system for the historical and comparative analysis of civil law for the security system and the common law and the mortgage system is essentially the same, are set to guarantee the rights of people would object to the transfer of securityrights. 2 on the basis of commercial housing mortgage system presented...