On The Bona Fide Acquisition Of The Mortgage Of Real Estate

Mortgage guarantee is the "king of guarantee" and the most guaranteed form of all guarantees.There are still many deficiencies in the real estate registration management system in our country.The real estate mortgage registration does not conform to the real situation from time to time.Although the system of bona fide acquisition stipulated in Article 106 of the Property Law provides a way to solve the problem of inconsistency between the name and the reality of mortgage registration,the Property Law only makes a rather careless provision on the constituent elements of bona fide acquisition.The system of bona fide acquisition of real estate mortgage has its own legitimate legal basis and practical necessity,as well as its rationality and feasibility of application.The bona fide acquisition of real estate mortgage right must have legal constituent elements,which are easily disputed in practice.Bona fide acquisition of real estate mortgage is based on the premise that the mortgagor has no right to dispose.When the real estate mortgage constitutes bona fide acquisition,while safeguarding the legitimate rights and interests of the mortgagor,appropriate relief should also be given to the protection of the rights and interests of the owner of the mortgaged property.