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Real estate mortgages and other rules of priority conflict

Author: XueZuo
Tutor: DongHuiJiang
School: Heilongjiang University
Course: Legal
Keywords: Real estate mortgages Priority Conflict rules Rights derogatory Legislative proposals
CLC: D923
Type: Master's thesis
Year: 2011
Downloads: 63
Quote: 0
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Abstract


This paper tries to reveal real estate mortgagee in the current judicial environment encountered dilemma: legislative priority too much, too miscellaneous, right boundary is not clear, lead to priority power infinite expansion, big discount and even completely engulfed the possibility of a mortgagee to get payments. Based on the induction and combing with other mortgage lien and type of the conflict rules of effectiveness, combined with the practice case analysis, found the conflict between mortgage and other priorities can lead to the real estate mortgage rights generally between 61.79% and 100% discount value. Moreover, under the rules of the current conflict, the loss of risk can take precautions for slow release. This article from the economic, legislative technology and the nature of real right by three aspects, demonstrates the real estate mortgage not rationality of conflict with other priority rules, and put forward some legislative Suggestions.

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CLC: > Political, legal > Legal > Chinese law > China and France
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