Research On Mortgage Order

The order of mortgage originated from the abound existence of repeatedmortgage in real life, it is to solve the problem that when there are several effectivemortgages on the same mortgaged property, how to distribute the selling of mortgagedproperty.For different countries have different choices on registration effectiveness orregistration antagonism, and have different opinions about sequential ascending andsequential fixation, they have different practices on the determination and dispositionof the order of mortgage.Before the unveiling of property law, our country keepsdenying repeated mortgage, although we adopt sequential ascending doctrine, for theconflicts between judicial interpretations and laws, judicial practice is at a loss aboutwhat to do. Property law which unveiled in2007made clear provisions on the orderof mortgage, including the acknowledgement of repeated mortgage, the indirectaccreditation of sequential ascending doctrine and adopt registration effectivenessand preliminary registration antagonism principle which is distinguished by movableproperty or real property.Besides, on the disposition of the order of mortgage, property law sets particularclauses to regulate that mortgagee has the right to change or abandon the order ofmortgage, all these improvements are great progress in our mortgage system. But,compared with advanced experience and modals of other countries, there are alsomuch deficiency in our system that needs to be improved. This article, based onadvanced experience and modals of other countries, evaluates sequential ascendingand sequential fixation, and makes suggestions on the determination of mortgageorder and the essentials and effectiveness of disposition, hoping to contribute to theimprovement of our mortgage order system.