Research On The Issues Related To Elimination System

As an important relief rights,the elimination system provides important protection for real estate assignee in the period which registration publicity system has not been established.Nowadays,the system still plays a unique role in the field of the mortgaged property transactions.But within the framework of the current,because of the 191 th of the "property law" evident defects and deficiencies exist,it caused some theoretical and practical difficulties.Therefore,this paper summarizes the basic content and characteristics of elimination system at first,and then analyze the related disputes.and from the perspective of practice.Finally,the paper puts forward the solution to the specific problems,in order to construct a more in line with the system for our country.For the theoretical issues related to the right of elimination system,the article based on comprehensive analysis of the 191 th of the "property law",believe elimination system has been established in our country,but the related theoretical controversy still need legislation means to solve it.And in the practice field problem,the determination of value is the core.According to the article,the cognizance of the amount shall be based on the actual price of property and total debt.In the field of transfer of the mortgaged property,the elimination system has a unique value.In this article.According to the analysis,this paper argues that with the development of legislation practice,the theoretically significant controversy should be able to be gradually resolved.Under this background,should pay more attention to the main content and the specific applicable of the elimination system.So as to corresponding actual demand effectively,and realize the value of the system.