Study On The Rules Of Mortgage Transfer

"Mortgage",known as the king of guarantee,is a form of guarantee widely used in citizens’ daily life.It plays an important role in the process of modern economic and social development and occupies an important position in the system of real right for security.The advantage and purpose of the mortgage system is to fully realize the market value and use value of the mortgaged property.Its characteristic is that the form of mortgage is to guarantee the mortgaged property.The mortgagee can not directly occupy the mortgaged property in the process of mortgage.In order to guarantee the realization of creditor’s rights and mortgage,the mortgagee can only make efforts in controlling the exchange value of the mortgaged property and guarantee the main debt by effectively controlling the exchange value The realization of rights.The premise of controlling exchange value is that the mortgage can not be occupied and controlled in practice.Therefore,how to effectively guarantee the control of exchange value of collateral becomes the problem.Through theoretical analysis,comparative analysis and empirical analysis,this paper interprets the mortgage transfer system,which is divided into three parts.In the first part,by comparing and analyzing the191 articles of the original property law and 406 articles of the civil code,it concludes that the focus of the problem is how to protect the exchange value of the mortgagee’s mortgage;in the second part,it divides the mortgage transfer rules of the civil code The establishment of the system of free transfer of mortgaged property conforms to the basic principle of real right,promotes the circulation and market transaction of mortgaged property,and is conducive to the financing and social development.However,there are still some problems to be discussed,such as the proof of "possible damage to mortgage",the application of prohibition of special contract,etc.;the third part combs the application of the new rules of mortgage transfer in civil code,and takes the realization of mortgagee mortgage as the starting point and foothold,distinguishes the chattel and the real estate mortgage,and focuses on the new regulations To determine the recovery effect,cost and risk increase and prevention of mortgage.Through the research and sorting of this paper,we find that the transfer system of mortgage in civil code needs to be improved and detailed.Then,it explores effective measures to make up for the defects of the new provisions,and provides theoretical support for the mortgagee to control the exchange value of the mortgaged property and guarantee the realization of the main creditor’s rights.