The Effectiveness Of Real Estate Mortgage Contract And The Problems In The Realization Of Mortgage Right Research On Legal Issues

The mortgage contract of real estate is established in accordance with the law.Although it is not registered,the mortgagor shall be liable for breach of contract or guarantee according to the contract and relevant legal provisions,and the creditor can choose to exercise either of the two liabilities.Among them,the former is supplementary liability,which is limited to the agreed guarantee scope and shall not exceed the liability that the mortgagor should bear when the mortgage is effectively established;The guarantee liability belongs to the limited liability of the mortgaged property,and the scope of execution should be limited to the mortgaged property.If the doctrine of public effectiveness of real estate mortgage is amended to the doctrine of public confrontation,the parties can have the effect of establishing the mortgage between the parties after signing the mortgage contract.If the debtor fails to perform his debts when due or the situation of realizing the mortgage agreed by the parties occurs,the creditor can directly exercise the mortgage,or specify the effect ot the unregistered real estate mortgage contract in legislagation.The creditor can realize the mortgage right through the self relief mode and the public relief mode.In the self realization mode,the creditor can agree on the repayment method of the collateral while signing the mortgage contract.When the debtor refuses to perform,the creditor can sue the court to realize the mortgage right according to the agreement,and the court should recognize the effectiveness of the agreement.In order to save judicial resources and promote the circulation of transactions,China should further improve the mortgage realization system and establish a mortgage realization model based on public relief and supplemented by private relief.