In The Interests Of The Mortgaged Property Transfer Balance And Rule Choice

Mortgage is a definite stage of economic development, compared with other security method, the mortgage was not itself ensure that the mission, the creditor's rights, also brought a mortgagor, income and dispose of such rights, it can be said that the mortgage at a great dispute cases, a majority of the people, must be said that the mortgage system has its unique charm. The emergence of security of mortgaged property system was further extended by the mortgagor and creditors in the interests of the third part of the interests of the system of distribution, the mortgage assumed complexity, also led the clients to the balance of the benefit distribution.Hysteresis of our legislation prompted us to study foreign relevant legislation. It should be widely recognized that foreign mortgagor free transfer or that one of the chase and creditors.The choice is both acknowledged. The legislation is to balance the mortgagor and creditors between the interests of the mortgaged property involves the interests of national legislation, so it is also concerned about the way with a system of protection.Redemption amide old systems and institution to guarantee security elimination rights system. And our country does not build the appropriate framework, our fourth legislation can be seen.Our legislation will not admit mortgage on the transfer of liberty or give creditors and assignee's right to protection system. The mortgaged property ownership is not complete, and the assignee damages will be taken into consideration. China's legislation has hysteresis. The paper also attempts to introduce legislation to his country of the system at the same time, for our existing system for the by-election is leaking. It can improve the regulations.This article includes four major parts.The first chapter is abroad on the transfer of the provisions of this mortgage for a system of understanding. It could not be confined to national legislation; only expand horizons to know more about other information, to realize its own features of the rule. This chapter has set on the mainland law system national legislation for reference, for Germany, France, Japan and Taiwan in our legislation.The second chapter is on his kingdom legislation, for our legislative rules of the review of our legislation, the weaknesses of our legislation, the biggest problems is impeding the flow of the mortgaged property, not reflecting the principle.There are given excessive creditors.It seem to protect and sacrifice and the third of the mortgage interests for creditors the rights of man, but not be fully applied. So there are many problems to deal with the three parties to the benefit distribution.The third Chapter, the mortgage of a series of complex relationship between the interests of the trouble started. Knowledge creditors from the history of the mortgage, a relationship with other security relationships are set out, it is for reference before the transfer of the mortgaged property, mortgaged property was transferred back to the conflict of interest to produce a reason, it is on the basis of this article treats.Chapter four try to find out how to keep balance of interests, trying to find out how to solve the problem of the rules of the law. Legislation can balance the interests of all countries mainly by referring to a real right and pay right to independence, Germany and France to mortgage admitted that, and they think to play with the thing on referring to a chase and have overlapping interests to protect the mortgagee suspicion, not easy also adopted. While Japan is on the front lines, collages of the proposed system are adopted. From that, the different conditions system design is endless also, so the relevant regulations also should be considered the social situation in China.