Study On The Sequence Of Mortgage

With the rapid development of economy and technology, modern social marketeconomy has been more comprehensive than ever, guaranteed property rights systemplays an increasingly important role in maintaining market, credit, and promoting thedevelopment of the market economy. The mortgage in security interest is a priorityclaim right distinctively characterized by the possession of non-tranfer collateral.So“the differenet mortgages against the one and the same guarangty”phenomenon isdifficult to avoid,giving rise to some issues of the sequence of mortgage.The thesisconsists of four chapters together with the preamble as follows:The first part elaborates two kinds of legislation on the sequence of mortgage ofthe world:the theory of promoted sequence and the theory of fixed sequence.I analyzethe pros and cons of both and remedies from the respective theoretical basis.The second part is mainly about the sequence of mortgage system’s generalstatements.This part covers two problems.The first one explore the mortgage system’spremise-repeat mortgage system,and its reasonable.Repetitive mortgage is the logicalpremise of the provisions of the mortgage system.Although China’s “Property Law”allows repetitive mortgage,it prohibits repetitive mortgage with premium.But therecent promulgated law cancel the provisions of prohibition.In order to maximize theutilities, the solution lies in the appropriate limit, adequate exploit.The second intructsthe necessity of mortgage and mortgage right in law.Also instructs mortgage’seconomic value and the characteristics of acting as financing means.The third section deeply discusses the sanction of the sequence of mortgage.Thesequence of mortgage.has economic sense,the right holder should be giver the rightsof free dispose.But a variety of legislation has been without objection.But China’s“property Law” has no such requirement.The part deeply elaborate the cancept,constitutive requirements,efficiency of mortgage’S conceding,rejection and change.The four section is based on own national conditions,combined with therevelation of the Legislative comparison.It analyses the problem in mortgagelegislation and puts forward which measure should we take to improve our country’smortgage system.