Comparative Study on the Maximum Mortgage System Between Taiwan and Mainland China

• Main Authors: TANG, CHIEN-HUI, 唐建輝
• Other Authors: JENG, GUNG-YEN
• Format: Others
• Language: zh-TW
• Published: 2016
• Online Access: http://ndltd.ncl.edu.tw/handle/63346928208433600329

碩士 === 中國文化大學 === 法律學系碩士在職專班 === 104 === Maximum mortgage of formation and development should have a high level of maturity of a capitalist society, and frequently acts for which there is a need for commercial transactions. In other words, the system of maximum mortgage is in response to the rapid economic development of society, businesses need rapid, long-term, continuing the financing needs. This financing system has great advantages, Germany in 1900, Switzerland in 1912 were enacted a maximum mortgage. Japan based on the financing needs of industrial and commercial development, in 1896, has a mortgage article, in 1971, in the civil code to include the article of the maximum mortgage. Maximum mortgage is a very flexible financing system, Limit the maximum amount and the basic legal relationship is a key element. Due to its elasticity and has independent economic value, Maximum mortgage more popular than traditional mortgage in the market. Under the trend of globalization, Expand business scale, Internationalization and diversification, for frequent parties need more flexible financial strategies; Maximum mortgage is a convenient financing tool. Taiwan and mainland China was enacted a maximum mortgage in 2007. But in Taiwan by the Japanese colonial period, this financing system was very popular in commercial transactions. On the mainland, is relatively unfamiliar system. Taiwan in frequent interaction with mainland China in economic, cultural, Provisions of the maximum mortgage what is the difference between both side, through the provisions of comparative analysis to identify ways to improve it.