抵押人擅自转让抵押物的法律效力.pdfVIP

Abstract “Making the best use of everything”and “protecting the transaction security” are the fundamental principles of the property law. In the scope of security interest, the property law regulates that the mortgagee will not lose the ownership of the collateral after the mortgage which means the mortgagee still has the right to dispose the collateral. The value of this system is to play the utility of the res. However, due to the hypothec of the mortgage, the assignee’s ownership will certainly interfere with the mortgagee’s hypothec or even damage mortgagee ’s interests when the collateral is mortgaged. So in order to protect the transaction security, the assignment rules of mortgage will certainly be different from other transactions. So far the issues of the assignment of collateral are regulated in article 191 of our property law. Using the mortgagor ’s unauthorized assignment of the collateral without mortgagee ’s agreement as a researching topic, this paper focuses on a relative case and provides author ’s own interpretation of the legal application of this case through investigating on the legal facts, judicial decisions and grounds of the decisions, analyzing the significant points of legal application in the case and summarizing the general rules of legal application in issues of mortgagor ’s unauthorized assignment of collateral. The paper is divided into six parts: The foreword is a brief introduction of the background and value of investigating the assignment of collateral. It also introduces the method and the purpose of writing this paper. Part two introduces the actual details and the judicial judgment of a dispute derived from a ship purchasing contract between Zhang and Chen. In this case, Zhang selled a mortgaged ship to Chen without the agreement of its mortgagee and Chen paid off one third of Zhang’s debts. So the central points of this case