The Analysis Of Mortgage Implementation Program

Real rights for security is the Iura in re aliena corresponding to the usufructuary right. It’s aim is to ensure fulfilling the obligation. It includes Mortgage, pledge and lien. While relative to lien, pledge, mortgage charge is known as "king of guarantee" in practice, because the mortgaged property is often the land or property, which is of high value, convenient registration, low cost for keeping, high safety, etc.The realization of hypothec usually refers to the debtor fails to perform the debt or the agreed situation by the parties happens, the mortgagee has the priority of compensation respecting to the value of the mortgaged property. During the implementation of mortgage right, a high efficiency and low cost of hypothec realization procedure is particularly important. In practice, it not only relates to the realization of the mortagee’s interests, but also relates to if mortgage guarantee system can play its value, and even concerning the stability and development of the whole market.As to the realization of the right of mortgage procedures, the countries in the wor Id can be divided into mortgage legal procedures and the mortgage contract implemen tation program because of the difference of economic base, customs and so on. The a dvocates of "free"--America is a typical mortgage contract program state, whereas G erman is a typical mortgage legal program state. In contrast, there is no good or bad o f the two kinds of realization of hypothec. The former has the characteristics of high efficiency short time, low cost and the latter has the characteristics of high authority, strong certainty etc. At the same time, because the two program modes both have their negative aspects, the two kinds of realization ways are compossible even in the typical countries.Two implementation programs of mortgage also exist in China’s relevant law, mainly in the "guarantee law", the "property law" and the "Civil Procedure Law". Before2012, due to the lack of related implementation process in property law, the problems like difficult applying situation appear in practice of mortgage realize cases. We are grateful that2012"Civil Procedure Law" adds the section of "implementation of real right for security cases" in the special program in the fifteenth chapter, which provides support for realizing the mortgage right, and open a new page for the mortgage right of way non litigation system. But there are still questionable questions, which need to be perfect combined with China’s specific national conditions.