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Legal Questions Research on Real Estate Mortgage

Author: JiangYunHong
Tutor: FuQiLin
School: China University of Political Science
Course: Economic Law
Keywords: Real Estate Mortgage Right Registration
CLC: D923
Type: Master's thesis
Year: 2010
Downloads: 338
Quote: 0
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Abstract


For the few past years, to be accompanied by the reformation of land utilization systems of our country and the development of realty business, Real estate mortgage is widely used as a method by which individuals or businesses can get an effective utilization of real estate and the precautionary measure of financing risk. Whether Civil Law Countries or Common Law Countries, it has been the core and focus in the real right for security system and nowadays it remains to stand in a dominant position in the national legislation of the real right for security.But, at the same time, to most of the parties to the mortgage and the registration authority, it is an operation of more of the legal issues involved. In the legal walks, people called it "the most active domain of civil law". For various reasons, real estate mortgage and its registration create huge numbers of questions. Therefore, it is of great importance and necessity to study these issues in this field.This article, which is from the viewpoint of principles of the right to real estate mortgage, discusses of some of principal questions about the real estate mortgage of our country. It focuses on the real estate mortgage questions, bases on Property Law, Security Law and Administrative Measures of Real estate Mortgage of City and refers to related theories. It contains:the right of real estate mortgage, mortgage category and legal principles, registration and actual operation, legal risk and precaution in the real estate mortgage field. Meanwhile, this article touches up the relation of Mortgage Contract and Creation of Right to Mortgage. By the analysis above, to my way of thinking:The system should be established to abide by nature of real rights at real estate mortgage and flexibly treat the question of adhesion in nature. This system can be used to direct the registration of real estate mortgage in reality. It is expecting to solve the current troubled waters in the course of mortgage registration and to profit the people’s livelihood.

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