Study On Transfer System For Mortgaged Property

Since the invention of the mortgage, the mortgage has become the most popularway for security all over the world because of its natural characteristic for fundcollection. A mortgage does not require the mortgagor to transfer possession of thecollateral, the mortgagor can still continue to occupy the mortgaged property after theestablishment of the mortgagee, which makes mortgagor has more advantages in "tomake full use of things ", compared to the pledge and lien. Civil law, however, bearthe autonomy, protection of transaction security, balance of interests and a series ofequally important mission. So It is important for law-makers to design a propersystem to ensure the fluency and success of mortgaged property’s transactions.This article is divided into five main parts: The first chapter discusses the basicProblems of the mortgage and collateral transfer. Discussed the nature of themortgage, the type of collateral, and then put the analysis focus on the all kinds oftheories around whether the transfer of collateral should be limited or be allowed free,and ultimately make my own idea that the mortgagor should be given the right oftransfer free. In the second chapter, the article analyzes China’s collateral transfer ofthe legal system. In this part, firstly, the article introduce the process of the transfer ofcollateral system in China’s legal system, consider that the "property law" does notmeet the legal provisions of the transfer of collateral and is not in line with theeconomic situation. In the third chapter, the article introduces the design of theforeign legal system on the transfer of collateral. Introducing the transfer ofcollateral legal system in Civil law in France, Germany, Japan, except to getrevelation on the legal system of China. The fourth chapter, based on the precedingtheoretical study of the collateral transfer legal system and foreign reference, the article makes my own claim on the transfer of the legal relationship of collateral tomake the Chinese mortgaged property transferring system better than before.