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The maximum amount of the mortgage system research

Author: WangWenBing
Tutor: YinZhiQiang
School: China University of Political Science
Course: Civil and Commercial Law
Keywords: Maximum amount Value function System Research Guarantee Law of the People 's Republic of China Claims German Civil Code Institutional Deficiencies Relatively independent Ordinary mortgage Conceptual analysis
CLC: D923
Type: Master's thesis
Year: 2005
Downloads: 185
Quote: 3
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Abstract


Since the maximum amount of the mortgage system after the first German Civil Code and other countries in civil law to follow suit, basically establishes the maximum amount of the mortgage system. Guarantee Law of the People's Republic of China, \So, what is the maximum amount of the mortgage? What are the characteristics of the maximum amount of the mortgage? Unique value function of the maximum amount of mortgage favored in high regard what? Our maximum amount of the mortgage system what are the problems? Perfect? ??These are The problem to be solved in this paper. Certainly the maximum amount of the mortgage system, through the analysis of the maximum amount of the mortgage system the problems put forward the ideas and measures. The main content of this paper is to focus on the maximum amount of the mortgage system perfect center to expand, from conceptual analysis, value analysis, content analysis and specific ideas and measures to gradually expand the exposition is divided into four parts. The first chapter of the concept of the maximum amount of the mortgage for analysis, that the maximum amount of the mortgage should have the following legal characteristics: relative independence; debt secured by not specific sexual; relative applicability; debt secured by has the maximum amount limit. Which analyzed the maximum mortgage the relative independence of the characteristics that the maximum amount of the mortgage is a relatively independent of the value of the right, and from the establishment, punishment and eradication of the three aspects of the particularity of the maximum amount of the mortgage from the property . The second chapter analyzes the reasons for the reason why the maximum amount of mortgage system favored by the national civil law, this system has a unique value function ordinary mortgagee: First, simplify procedures, promote materials facilities; maintain credit, to promote economic development; cost savings, reduce consuming; facilitate transactions meet to continue the sex trade needs. Chapter by introducing the maximum amount of the mortgage system in the establishment of our country, and the contents of the system analysis, and then explain the need to further improve. First, the process of establishing the system from the mortgagee, the maximum amount of the mortgage with the development of the commodity economy and the needs of the practice, separated from the mortgagee, and the current legislative study less, a very limited number; second is to combine the most high institutional defects of the mortgagee, the maximum amount of the mortgage system deficiencies. This paper argues that the maximum amount of the mortgage system defects: impede the play of the collateral value of the collateral; negative impact of financial intermediation and economic relations of domination; impede the the creditor timely implementation and transaction efficiency to some extent; sometimes will affect the stability of the trading order. For China

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