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The Legislation Prove Justification of the Hypothec Recourse Force

Author: WangDongMing
Tutor: MaXinYan
School: Jilin University
Course: Civil and Commercial Law
Keywords: Transfer of collateral Chase and effect Polyester ex-rights
CLC: D923.2
Type: Master's thesis
Year: 2006
Downloads: 134
Quote: 3
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Abstract


In the tradition of civil law , the universally recognized mortgagee chase and effect , that the mortgage has been set up , the collateral ownership change does not affect the effectiveness of the mortgagee , the effectiveness of the mortgagee and the assignee of the collateral . Our civil law traditions, civil law , but the guarantee law not chase and effectiveness of the mortgagee to make explicit provisions . The same time, due to property law in China , and the theory is not yet developed for the chase and the effectiveness of the mortgagee whether it should make provisions , as well as how to make provisions have not formed a unified view and understanding . This paper mortgagee chase and the effectiveness of the theory and practice , the review of our current legislation and the \hypothec recourse effectiveness fair value protection legislation , the three parties are hypothec recourse in our country to establish the effectiveness of the legislation designed , and attempts to clarify the chase and effectiveness of the mortgagee is the best choice of the laws of property right , and then hope that the future property rights legislation its adoption .

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