Study Of Mortgage Registration System

Researching the relative questions of hypothec registration in China, this dissertation puts forward respective suggestions on the perfection of hypothec registration in China. The whole paper falls into five parts with about 30000 words.Hypothec is different in property and publication. Without the transfer of possession, hypothec cannot adapt delivery and consequently had registration as the only choice. Hypothec registration was founded in 18 century. As to its property, the author thinks hypothec registration should be a civil law action. Hypothec registration had three functions: first is realizing the economic transfer; second is strengthening the effect; third is guarding against economic dispute.The first part is about general introduction of hypothec. Property right is a dominant right, so its existence and change must be publicized and made known avoiding possible damage to the third. There are different methods of publication in history, such as right symbolization, transfer of certificate and right registration. Registration suits the needs of modern economic development so becomes the main method. As efficiency is the major concern of modern economy transfer, registration of real property is accepted widely. There are various opinions on whether hypothec registration should have the effect of public respect. As far as I'm concerned, real property registration should have the effect while personal property registration should not.The second part is about the legal effect of hypothec registration, that's to say, encountering all third parties. The third part is list different patterns in different law systems: the constituent doctrine, the encounter doctrine and the combination doctrine. China adopts combination doctrine, a combination of constituent doctrine and encounter doctrine. The article 187 of Property Law and no.41 and 42 article of guarantee law represent a constituent doctrine while the articles 188 and 189 of Property Law reflect an encounter doctrine. I personally agree with the combination doctrine, because it has combined theory and feasibility in practice.The third and forth parts is to introduce the institutions and the process of hypothec. In these two parts, the author analyzes every steps and procedures according to our country's laws and regulations.The last part deals with realities and construction of this institution in China. After the release of Property Law, hypothec registration has been regulated systematically and scientifically into one institutions, instead of the mass registration administration in former laws and regulations. From 3 aspects, the administration, duration, and the nature of hypothec registration, this paper analyses the existent shortcomings and its effects in our law. Analyzing comparatively and combining theory with reality, the writer proposes a series of suggestions to reconstruct hypothec registration in China.