A Study on the Influence of the Legal System of Ceiling Mortgage on the Real Estate Credit

• Main Authors: Wen- Chen Hsieh, 謝文正
• Other Authors: 林炫秋
• Format: Others
• Language: zh-TW
• Published: 2017
• Online Access: http://ndltd.ncl.edu.tw/handle/45094455574577190792

碩士 === 國立中興大學 === 法律學系碩士在職專班 === 105 === The ceiling mortgage has been widely used in financial credit practices and general economic transactions for many years, but only under the recognition of judicial judgments, precedents and resolutions, and there was no clear law or regulation to follow. In view of this situation, the ceiling mortgage system was stipulated in the Property Rights Chapter of the Civil Law after referring to the ceiling mortgage system of the Japanese civil law and the theories and practices of our country.It finally passed the third reading in the legislature in March 2007 and promulgated by the President, and was stipulated in the Implementation Rules of the Property Rights Chapter to come into force on September 28 of the same year. From then on, the ceiling mortgage obtained its legal status and became officially documented. The ceiling mortgage has been widely used in real estate credit practices of financial institutions due to the need of cyclical and continuing financing transactions, and it can be called the most important and common property right guarantee. Therefore, the express provision of ceiling mortgage will have a significant impact on real estate credit practices, including the non-setting of general ceiling mortgage, the expanded/combined-payment auction of the auctioned subject, the transfer of ceiling mortgage and the determination of ceiling mortgage which are also the emphasis of this paper.