Research regarding the realization of mortgage right of banks in China: Focus on the mortgage of real estate.

• Main Authors: Yu-tsung Lee, 李育宗
• Other Authors: none
• Format: Others
• Language: zh-TW
• Published: 2012
• Online Access: http://ndltd.ncl.edu.tw/handle/yf28u2

碩士 === 東吳大學 === 法律學系 === 100 === The practical process of mortgage of real estate in China legal system is major regulated on “Guaranty Right Law of People’s Republic of China” and “Real Rstate Law of People’s Republic of China”. Mortgage system plays a critical role in financial institutions and banking industry. The execution of mortgage right is the core of the mortgage system. Thus, if the mortgage system failed to be executed effectively and fairly, the mortgage foundation will be lost. 　　The Taiwan government created the new milestone with mainland of China on 2008, and both sides signed the Economic Cooperation Frame Agreement (ECFA). The major articles in Chinese estate law adopted between the articles 179 to 207. How to find a feasible process in the regulations from the faultiness legal system which is a necessary law making. 　　Although the new edited “Real Rstate Law of People’s Republic of China ” had covered most of the incomplete regulation of “Guaranty Right Law of People’s Republic of China ” and “Judicial Interpretation of guaranty law”, but it is still insufficient regards to realize and execute of real estate mortgage. Thus, finding out the feasible execution procedure within this incomplete regulation is the priority. Starting from definition of mortgage collateral-real estate in Chapter two then comes to Chapter three to discuss about the obtaining of mortgage right and effect. In Chapter four, expound the terms and specific way to bring about the mortgage, and explain to performance of general mortgage and preferential order. The Chapter five, this thesis also discuss about the existed issues in China banks about the mortgage right(s) on real estate. To appraise legislation and consummate for mortgage in the chapter six. This paper summarizes the property law for real estate mortgage new regulations and for the realization of the bank mortgage related Suggestions thought this conclusion.