The Research On Real Estate Collateral Transfer

Since the law of Rome, by virtue of the natural attribute, Mortgage guarantee hasbecome the most important guarantee real right. It plays a decisive role in thepromotion of social financing, guarantee the realization of creditor’s rights and otheraspects.However, with the advent of World War II,the thought of " turn materialresources to good account"has become more and more strong,transfer of real estatecollateral also become the system which countries find it difficult to weigh.Itinvolves the benefit relationship of mortgagee, mortgagor, the assignee, only in thesecurity of the interests of the mortgagee, on the basis of does not damage themortgage on the ownership and trading safety, can we make transfer of real estatecollateral system in the reality has full use of space.In the introduction,Introduced some problems about transfer of real estatecollateralby a real case,and then made an in-depth analysis about this system; In thefirst chapter,Defined the legal status of the mortgage right, and the involved basicconcepts in the relationship among the collateral transfer such as the differencebetween the transfer of the collateral and the transfer; And then in the secondchapter,Made a value analysis from three party angles on whether can transfer duringthe mortgage and cited the the theorys on transfer of the collateral, to get the key ofthis transfer system, at the same time, Made an analysis on common elements of thecollateral transfer system such as the force of recourse, confirming subrogationliquidation of assignee, liability incurred by defects of right; And then in the third chapter of this part,Used various research methods to research and analyze theregulations of Germany, France and Japan,found out how to make the combination ofthe basic elements above and discussed them from the structure and the characteristicsof the system.In the last chapter,Dicussed about real estate collateral transfer systemand the related issues of the specific provisions from the supreme people’s court"carry out about carrying out <the civil law> some issues of the opinion (try out)","the security law","the security law explanation" and to the present "matter right law",and by making use of the good foreign legislation,Put forward some reasonablesuggestions of legislation about the transfer system of the mortgaged realproperty.