Dissertation > Excellent graduate degree dissertation topics show

A Study on the Right of Mortgage Sequence

Author: YuanCangJuan
Tutor: LiShuangYuan
School: Hunan Normal University
Course: Civil and Commercial Law
Keywords: right of mortgage sequence repetitive mortgage right disposition
CLC: D923
Type: Master's thesis
Year: 2010
Downloads: 100
Quote: 0
Read: Download Dissertation

Abstract

With the development of market-oriented economy, financing needs is increasing. The right of mortgage also has a lot of development. Because of these needs of market, repetitive mortgage is come out. Repetitive mortgage is that set the number of mortgage on one subject to ensure the corresponding claims, collateral value of assets exceeds the value of assets because of repetitive mortgage. In this condition, the right of mortgage set in the back-end maybe not been full fulfiled.In order to achieve their debts, the creditors are bound to competitively fulfil their right of mortgage. In this process, if without rules, it must be generate transactions disorder. The right of mortgage sequence is a kind of right that can resolve the confusion problem. It is a kind lf right entity procedural right and a kind of property interest.The exist of repetitive mortgage is the theoretical basis of the right of mortgage sequence. most countries have recognized repetitive mortgage,Chinese law also has recognized this kind of mortgage.In civil law countries such as Germay, France, Switzerland Japan, there are detailed legal provisions about the right of mortgage sequence. For example, how to set,dispose the right, the result of these corresponding actions and so on.The right of mortgage sequence has its right holder,object of the right, and content of the right, but there are few rules in our country’s "guarantee law" and "property law" about this right. Consummating the right of mortgage sequence to enrich and develop the mortgage system. Compared with these countries that have developed market economy and developed civil law,the law about right of mortgage sequence in our country have some imperfect part, such as lack of relevant legal system. The legal system is unified real estate registration system, Its lackless result in negative impact. There are also no specific provision about content of the right,trade of the right and their legal effects.Consummating the right of mortgage sequence is very helpful to enrich mortgage system.It will help market entity to meet their financing needs. Those will make our country’s market-oriented economy developed more prosperty.

Related Dissertations

Mortgagee overall,D923
Unauthorized Disposition Contract and Its Legal Validity,D923.6
On the Non-right Action of Disposition,D923
Analysis of the right disposition,D923.6
On the right disposition effectiveness,D913
A Research of the No-right Disposition and the Relevant Problems,D923.6
Right disposition theory,D923.6
On Validity of Unauthorized Disposal,D923.6
On Bona Fide Acquisition,D923.2
Jointly owned property system of the Chinese Communists have the right to the protection of the interests,D923.9
On the Bona Fide Acquisition in China,D923.2
Transfer of Real Rights Caused by Non-Legal Acts,D923.2
The Study on Unauthorized Disposal Contract in Our Country,D923.6
A Study on Acquisition in Good Faith,D913
The legal effect of selling others' things,D923
On the ownership retained trading,D913
On the effectiveness of the right disposition,D923.6
No right to dispose of the legal consequences,D923.6
Right Disposition,D923.6
On the right disposition,D923