Conflict Of Rights And Legal Regulation Of Real Estate Leasing Atfter Mortgage

The conflict of interest between the mortgagee and the lessee has the legitimacy of the existence of the mortgage of the same right,the co-existence of the mortgage that dominates its exchange value and the use of its use value.For the adjustment of the conflict of interests of the right subject,we need to re-understand the conflict nature of mortgage and lease right on the basis of the second sentence of Article 190 of the Property Law,compare the foreign conflict resolution mechanism and perfect the legal regulation of real estate mortgage in our country.When the mortgage is realized,the removal of the lease right shall be determined by the agreed or legal procedure to resolve the conflict of rights between the mortgagee and the lessee in order to determine whether it has a negative impact on the realization of the mortgage.In the legal regulation,the author explores and consummates the protection of the tenant's interests in the second sentence of Article 190 of the Property Law,and distinguishes between the different cases,the possession of the collateral or the registration criteria,and the people's court The lease right to the realization of the adverse effects of mortgage assessment,in accordance with legal procedures to remove the lease rights,the completion of the mortgagee and the lessee of the legitimate interests of protection,to resolve the conflict of rights.