| In the case of repeated mortgage, each mortgagee wants to be the priority ofcompensation more collateral sale price, but the value of the collateral sometimescannot meet the amount of debt of all the mortgagee,it will disrupt the economic order.Mortgages established just to meet the need, not only because the it will provides riskearly warning mechanism, but also conducive to the full realization of the economicvalue of collateral. In this regard,"Property Law" article199made relevant provision,but it has many problems, for example,it does not take the chattel mortgage and realproperty mortgage is set up at different times into account,and what the"bona fidethird person" effects on mortgage system and so on, all these are needed to furtherdefine. At the same time, floating along the realization problem also exists for themortgage mortgage, we should pay attention to the crystallization of differentprovisions apply. In addition, the former mortgage may be destroyed,it will cause thechange of mortgages, the order of the mortgage should ascending into or fixed, thereare different provisions in the theory and practice of diffirent countries, concludingfixed order and ascending order of two kinds of legislation, we will choose thesuitable one for China national legislation after analyzing. The sequence of the rightto mortgage can be punished by the parties through consultation, free, not only canchange and alienation, also can abandon, the law should give the mortgagee mustcontrol and disposition of rights protection, but only the"Property Law" article194ofcharge weight sequence changes and abandon made the stipulation, mortgagesequence the assignment has no legal basis, and there are many problems in legaleffect,this should be paid attention.It need to establish the mortgage cist-positionpunishment regulations. This paper try to modify a "property law" article199, inorder to apply more clearly in practice. |
