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INCIDENTAL mortgage and independence of research

Author: WangJun
Tutor: YuMin；LiuZuo
School: Southwestern University of Finance and Economics
Course: Civil and Commercial Law
Keywords: mortgage accessory character independent character the choice of system
CLC: D913
Type: Master's thesis
Year: 2006
Downloads: 137
Quote: 3
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Abstract


In view of present scattered and incompact research of the field in mainland, while systemic and meticulous research is also necessary for the development of legislation and economy demands, during the course of property legislation and asset securitization, I choose the issue of the accessory character and independent character of mortgage as the subject of my thesis. In this thesis, the system of mortgage, the issue of independent and accessory character of mortgage were researched under the respective theory frame of the independent and accessory character of mortgage.The thesis was written based on three purposes: firstly, on the base of systematically neatening, synthesizing and analyzing the present research achievement of this field, putting forward a new and systematic point. Secondly, presenting reasonable view that should be hold for our country during the course of property legislation and asset securitization. Thirdly, bringing about a new attitude on some issues: such as, mortgage securitization and securitization of mortgage credit, the idealism of fixed mortgage order and step-up mortgage order and the embodiment of the public faith of registered mortgage under the theory of the accessory character of mortgage etc., through systematical research on the issue of the independent character and accessory character of mortgage.The thesis was organized from introduction, the theory of accessory character of mortgage and analysis about it, the theory of independent character of mortgage and analysis about it, the difference and the importance of the above two theory systems, the analysis of some problems of mortgage system under the above two theory frames, main function of the theory of the independent character of mortgage and the application in our country six parts. The thesis background and the main

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