The System Research To Mortgage Of Maximum Amount

Due to the mortgage of maximum amount is a special mortgage,has its unique value and defects.Based on the current legal provisions on the system of mortgage of maximum amount insufficiency and its inherent institutional defects,USES the method of empirical analysis and comparative analysis of law,through to the basic theory of system of mortgage of maximum amount and foreign advanced legal research,analyzes the problems in the system of our country's mortgage of maximum amount,put forward its own views,and the solutions are put forward.This article is divided into four parts,respectively,this paper discusses the concept and characteristics,the system of mortgage of maximum amount of the value of the system of mortgage of maximum amount and inherent defect,the civil law about the system of mortgage of maximum amount advanced regulations,China's system of mortgage of maximum amount of existing problems and solutions to problems.The first part is the summary of system of mortgage of maximum amount,the connotation of the mortgage of maximum amount,the value of the mortgage of maximum amount and defect,the establishment of mortgage of maximum amount and the effectiveness of the mortgage right at maximum amount respectively are discussed.Through the overview of the content,the system of mortgage of maximum amount,have a clear understanding of content after provides a prerequisite basis.The second part and reference to the research of the civil law system of mortgage of maximum amount.German and Japanese civil law,the system of mortgage of maximum amount is relatively advanced,relative balance the mortgagee and the rights and interests of creditors.So,this part in Germany and Japan are introduced on the basis of the system of mortgage of maximum amount of analysis whether our country can draw lessons from the two countries the advantages of the system of mortgage of maximum amount.The third part is the problems in the system of our country's mortgage of maximum amount.This part based on the current legal provisions on the system of mortgage of maximum amount,combined with the system of mortgage of maximum amount of theory,analysis of the current problems existing in the system of mortgage of maximum amount of law.The fourth part is the Suggestions of perfecting our country's system of mortgage of maximum amount.On the basis of the fourth part of this part,through using the advanced theory of Germany and Japan,aiming at the problems existing in the system of mortgage of maximum amount,puts forward the Suggestions of perfecting our country's system of mortgage of maximum amount.