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On a mortgage of maximum system

Author: LiuChen
Tutor: WangQuanDi
School: Fudan University
Course: Legal
Keywords: The maximum amount of the mortgage Lien Perfect
CLC: D923.2
Type: Master's thesis
Year: 2011
Downloads: 100
Quote: 0
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Abstract

The maximum amount of the mortgage is a special form of mortgage-backed, they secured creditor has the mobility, safe and convenient, it is for the parties are willing to adopt. Germany, France, Switzerland, Japan, South Korea, as well as my own country, Taiwan, China and France provides the maximum amount of the mortgage, and the implementation of good results worthy of further promotion. China on March 16, 2007, passed the Property Law, the maximum amount of the mortgage system is a perfect law. \In addition, the maximum amount of the mortgage, compared with ordinary mortgagee, there are many differences, our business sector's lack of practice in our country to promote maximum amount mortgage, real depth. The writing of this article has important theoretical and practical significance. This article to improve our maximum amount of mortgage and mortgage of maximum amount within the existing and future certain range are not specific debt ceiling to provide guarantees of special mortgage as a starting point, the use of comparison of the maximum amount mortgage conduct research, and with practice some suggestions. Article a total of five parts. The first part is an overview of the maximum amount mortgage. First introduced the concept of the maximum amount mortgage, after elaborate on the characteristics of the mortgage of maximum. By comparison of the various theories, the paper argues that the maximum amount pledged has from the properties, but the properties from existence, punishment and eradication on general mortgagee differ; maximum amount mortgage with a specific, but specificity is not aimed at a specific creditor; most of the amount of collateral required in the establishment predetermined maximum debt limit; maximum amount mortgage must elapse before the implementation of the final accounts. In addition, the maximum amount of mortgage system also has to ensure transaction efficiency and security aspects of social function. Finally, France, Germany, Japan, and China, Taiwan, for example, the maximum amount secured History discussed. In the second part, to explore a set maximum amount mortgage and effectiveness. On most of the collateralization set, the first concern is what claims can set the maximum amount mortgage. Broad comparison of the mortgagee and the basis of the legal relationship, pointing out that the limitation of the scope of application to reach a wide and strict balance. This paper argues that the mortgagee should deny summary, but should do certain restrictions on the basis of the legal relationship of the maximum amount mortgage. Maximum mortgage contract should specify that the period of maximum debt limit and final accounts. As for the question of the validity of the mortgage of maximum, we think we should admit the validity of the debt ceiling. The third section discusses the change and transfer of mortgage of maximum. Maximum Mortgage Changes include secured debt changes, changes of the ceiling, as well as accounts of changes. The transfer includes the transfer and the maximum amount of debt secured by the mortgage of maximum transfer of such mortgage. Whether you can make changes and transfer the countries there are different provisions of this article that can make changes and transfer, but to follow certain rules. The fourth part is to identify and implement the maximum amount mortgage analysis. The implementation to determine the premise, but OK does not necessarily lead to the implementation. Determine conducive to determine the maximum amount of the priority claim of the mortgagee range to protect interested parties. Determine the subject of one party or both intention and the occurrence of legal reasons. Sure will result in the determination of the main claims and secured claims to determine the scope effectiveness. The last part of the discussion on how to improve our high mortgage system. Improve the maximum amount mortgage system, you must first understand the current situation of China's most high mortgage system. China's Property Law of the provisions of the maximum amount of the mortgage system greatly improve, but there are many worthy improvements. The specific claims to improve the maximum amount of the mortgage system, mainly from the setting of the maximum amount mortgage debt secured by the range, change, determine, and establish an equitable system improvements. To establish an equitable system mainly including the establishment of the the derating request system and elimination of the request system.

On a mortgage of maximum system

Abstract

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