Research On The Mortgage System In The Later Period Of Nanjing National Government (1946-1949)

As a form of material security,China’s mortgage system has undergone a relatively long development process from the traditional mortgage habit to the establishment of the modern mortgage system.The "Civil Law of the People’s Republic of China" formulated during the period of the Nanjing National Government provided for a complete mortgage system.The mortgage system was established,judicial decisions on mortgage disputes were also developed,and the modernization reform of mortgage rights achieved results.This article takes the mortgage system of Nanjing National Government from1946 to 1949 as the research object.It is mainly divided into four parts: The first part is the analysis of the concept of mortgage and related issues.This part explores the mortgage habits in the traditional Chinese society and the modern country’s mortgage system structure,as well as the efforts and attempts made by modern China to inherit the Western mortgage system.It also explores mortgage rights and real property pledges,mortgage rights and liens.The second part mainly sorts out the legislative provisions of the mortgage system in the period of the Nanjing National Government;the third part is the status of the mortgage disputes and judicial judgments in the later period of the Nanjing National Government.This part studies the status of mortgage rights in the later period of the Nanjing National Government from the establishment of mortgage rights and litigation,and analyzes the types and patterns of mortgage rights in this period,combined with judicial judgments,and explores this period on the basis of this.The actual operation of the mortgage judicial decision;the fourth part examines the problems of the later mortgage system of the Nanjing National Government from the judicial decision,and the practical value of the mortgage system in the judicial decision of that period.Mortgage rights have a legal form that unifies the two major economic elements of property credit and property preservation,and contains the role of real estate capitalization and investment media.Under the establishment of the mortgage registration system of the Nanjing National Government in the later period,the setting of mortgage rights is even more important.Guarantee has become more and more widely applied in the process of civil and commercial transactions.Even in the later period of the Nanjing National Government’s economic turmoil,the mortgage still exerts a strong practical guarantee effect,which fully demonstrates its unique value.Therefore,this article chooses to study the mortgage rights system of the Nanjing National Government in the later period,hoping to use this to have a more comprehensive understanding of the practical value of the mortgage rights system.