The Conflicts And Equity Of Rights In The Realization Of Mortgaga Right

With the rapid development of China’s economy, the types of transactions and transactions, as well the range of transactions are growing and expanding. So how can reduce the risk of trading and increase the security of transactions furans, the king pledged as security in the economic development reveals an important role, but also as a mortgage means of financing the economy in promoting economic and maintain play important functions. Realization of the right mortgage is a mortgage system, the core content of rights, but in real life, the right mortgage is often not unique to one thing above, because the mortgagor still enjoy the use of collateral, income, rights of action, the mortgagor You can also set other collateral rights, such as pledge, lease rights, as well as a result of collateral caused by the illegal transfer of ownership of such acquisition in good faith, in short, the same subject matter may be the coexistence of plural number of the rights, thus led to the realization of the right mortgage mess. When these rights conflict, priority should be what are the effectiveness of furans, these problems in the existing legal provisions in what is, in judicial practice is how to do Nan? Therefore the author in order to achieve the right to mortgage the conflict and balance as the research object to sort out these questions and explore, measure and improve the legislative from the interests of the two thinking to analyze how to balance the various rights holders before the conflict of interest, so as to realize the law The purpose of distribution of justice.In this paper, the type of research methods, in view of personal property and real estate mortgage mortgage effective elements of different to the subject matter of movable or immovable as the classification criteria, the article structure is mainly divided into chattel mortgage on the same movable property other rights that may exist Analysis of the balance of conflict and real estate mortgages and other rights of the balance of two major conflicts, and intends to study the problem which is worth noting that to detail analysis. Of course, due to the complexity of real life, many types of transactions, the type of conflict, and performance rights are not single, so I in the mortgage and other rights of the type of conflict is only selected on the common judicial practice, there representation of the phenomenon of conflict, such as chattel mortgage and pledge of the conflict, real estate, mortgage and leasing rights conflict.The innovation of this paper is to study the point of view, research methods, and material has its own characteristics, is a full text of Legal Research, the type of research and comparative study of methods of experience and exploration. Through by these methods, angles and ideas, the text of the main ideas and content of the following to start:"Introduction" section:from the beginning of the problem, that is when the realization of the right mortgage conflict with other rights shall prevail furans should be whichever of these issues in the existing legal provisions in what is, how to balance the parties right to benefits; This section also explained the value and significance of topic selection, analysis of these issues and the practical operation of the legislation has improved the significance; Finally, the adoption of this paper were introduced methods, namely, empirical legal studies, comparative studies Three types of studies and research methods.The first part of the "security dilemma in the realization of the right:the right to conflict", the meaning of part of the mortgage based on the analysis put forward their own definition of the view that realization of the right mortgage that is essentially the mortgagee mortgage assets according to the law by leaving claims have priority in receiving a static process, rather than dispose of the mortgaged property to a dynamic behavior. On this basis, but also for the causes of conflict and the plight of the right way to make a systematic summary of the presentation. Finally, on the scope of this study and thesis writing ideas and instructions were simple explanation.The second part of the "realization of the right in the chattel mortgage and balance the conflict of interest" to the object of this part of the range of mortgage of movable property rights in the implementation of conflict as the research object, chattel mortgage and pledge, lien, title acquired in good faith, situations of conflict and performance are analyzed, whichever effect in the first, how to balance the two conflict, the author on the basis of the existing law, the specific system, presented their point of view. Specific analysis, the author measured the interests of the main line of thought, points situation to sort out these issues and discussed the gaps for the legislation, this article from the need for practical operation of the angle to the instructions added.The third part of the "realization of the right real estate mortgage and the balance in the conflict of interest", given the real estate mortgage, real estate mortgages and the use of broad representation, therefore part of the realization of the right real estate mortgages and balance in the conflict of interest issues mainly based on the subject matter of real estate as collateral, mortgage and leasing of real estate rights, construction price priority claim, the right to co-exist when buyers expect the overall problem has combed and discussed. In this part of the analysis, the author of the conflicting nature of rights were introduced in the conflict phenomenon in the chapter introduction case, then the current method to sort out and explain, Finally I own point of view to be detailed argument, and draw foreign Legislation related to the advanced cases, the imperfections of China where the current legislation put forward relevant proposals. For example, construction work on improving the system of price priority claim, the author proposed from France, Japan, the enactment of legislation, the establishment of priority claim construction price registration system to better balance the interests of the parties."Conclusions" section, this part of the theme of the text was reviewed, briefly reviews the structure of the full text of logical thought and argument, summed up the balance of the mortgage in conflict with other rights, in addition to relevant laws and regulations need to use coordinate and balance these rights, but also with the actual situation in reality the specific analysis in order to fully protect the legitimate rights and interests of the parties to achieve the purpose of the law of distributive justice, maintaining the security of transactions and social stability.Indeed, in judicial practice, the right mortgage and other types of conflict and the situation there are many, and the realization of our current mortgage on the conflict of rights, rights-order terms of the effectiveness of relevant legislation and many imperfections, the article, the author’s understanding of space limitations and restrictions, the paper caused by the problem of the many theoretical problems did not begin in-depth discussion of deeply regret, I will continue to learn and explore.