A Study on the Realistic Dilemma and Countermeasures of the Mortgage Rule for Premises

DOI: https://doi.org/10.62517/jel.202414218

Author(s)

Deng Nan, Liu Nan

Affiliation(s)

School of Law, Southwest Medical University, Luzhou, Sichuan, China

Abstract

With the development of the economy and society, the scope of mortgage subject matter continues to expand. Article 397 of the Civil Code stipulates the legal provisions on mortgage premises. Currently, China's regulations on mortgage premises are quite followed, and there are some difficulties in realizing mortgages in both theory and practice. Real estate plays a very important role in human life, which is not only the most important transaction object, but also the most important means of mortgage. In response to the problem, the existing reasons are analyzed, and the problem is discussed on how to solve the reality of the real estate mortgage rules of the dilemma. In order to fit with the socialist market economy concept, this paper mainly starts from the social market transaction level, in order to optimize the transaction market and promote the quality of real estate and real estate mortgage realization.

Keywords

Rules for Mortgages on Premises; Practical Dilemmas; Voluntary Principle; Joint Mortgages; Countermeasures and Recommendations

References

[1] Tang Wenping. Legal Positivism: A Discussion on the Constitution of Property Rights in the Civil Code [J]. Tsinghua Law School, 2019,14(03):63-77. [2] Ren Hong, Xia Gang, Chen Lei.Research on Defects and Countermeasures of real estate mortgage Securitization System in China [J]. Journal of Chongqing Jianzhu University,2007(02):122-127.