Research On Legal Issues Of Mortgage Holding On Behalf Of Others

Mortgage entrustment refers to the legal phenomenon that the actual mortgagee（creditor）and the registered mortgagee（nominal mortgagee）are not the same subject,and the latter holds the mortgage on behalf of the creditor.In the judicial practice of our country,there are different opinions on the handling of this kind of legal relationship.Even if the judgment is based on the same law,there will be completely different judgments.It should be pointed out that the registration of chattel mortgage only affects the antagonistic effect of chattel mortgage,so the holding of chattel mortgage is not within the scope of this paper.The specific situation discussed in this paper is that under the condition that the current real estate registration system in our country is not perfect,the registration authority has set certain conditions for the subjects who can be registered as mortgagees.In order to protect their rights and interests from being infringed,the creditors will The third party reaches an agreement in the form of a contract,and agrees that the third party who meets the registration requirements is the nominal mortgagee and holds the mortgage on his behalf.The article is divided into three parts:The first part takes Dalian Runde Fucheng Real Estate Development Co.,Ltd.,Dalian Daxian Group Co.,Ltd.and Liaoning Taifeng Investment Guarantee Co.,Ltd.as examples to analyze the relevant legal issues in the above cases.And this leads to the focus of the dispute in this case: what is the effect of the act of holding the mortgage right? How to measure the interests of mortgage holding and related entities?The second part discusses the nature and effect of mortgage entrusted holding.The act of holding the mortgage right involves both internal and external legal relations.On this basis,starting from the practical case and combining the research viewpoints of the academic field,the viewpoint that the holding of the mortgage right constitutes an out of law and conspiracy and hypocrisy is denied,and the mortgage right is denied.From the viewpoint of breaking through subordination,it affirms that the act of entrusted holding of mortgage rights conforms to the provisions of the relevant laws,and it is determined that the entrusted holding of mortgage rights is valid without infringing the interests of third parties and social public interests.The third part clarifies the balance of the interests of all parties concerned with the legal relationship of mortgage entrustment.This article divides the aforementioned subjects into two situations: a bona fide third party and a non-good faith third party.The interests of bona fide third parties who conduct transactions relying on the registered interests shall be protected,and other non-good faith affiliates shall be dealt with in accordance with the law.