The Research Of Mortgage Property Legal Validity

The 191 st of property law in China is to regulate the transfer of mortgage property rules.But as we know,the legal effect of the provisions of the transfer of the mortgaged property is not clear.In this paper,the rules of the legal effect as the breakthrough point,emphatically analyzes the effect of the unauthorized transfer of the mortgaged property contract and the chase effect of mortgage and the effect of the elimination right system problem.This paper is divided into five parts,after the significance and background of the research,the paper puts forward the question in the second chapter,the latter chapter of the article is to analyze the problems one by one.First of all,after the 191 st of property law in China identified as the mandatory norms of management,many scholars think that the mandatory regulatory norms also need to abide by the parties of the contract,but the violation of the specification does not result in the contract invalid.Therefore,even if the unauthorized transfer of Property Contracts in violation of the 191 st of property law in China,still valid.Secondly,even if the chase effect of mortgage is helpful to realize the freedom transfer of collateral and perfecting the mortgaged property transfer system,through the comparison in opinions of some schlors and study on the theoretical basis of he chase effect of mortgage,The 191 st of property law in China does not accept the theory of he chase effect of mortgage.Finally,the ‘repayment’ in the second paragraph of property law,in fact,is the provisions of the elimination right.The elimination right does not bace on he chase effect of mortgage and the "repayment" is the way to exercise elimination right,which is actually a manifestation of elimination right in the property law.