analysis of the mortgagee and the right quality concurrence and order between（抵押权人的分析和正确的质量之间的合作和订单）.doc

Analysis of the mortgagee and the right quality Concurrence and Order Between Abstracts in the framework of the laws of property right, the bit sequence when different types of security interest in competing, which means that mortgage, pledge between different kinds of security interest between competing priority for repayment order In view except a few countries such as Japan, France, the legislation of most countries, including China, recognizing only the movable property to set the right quality, rather than admit the right of pledge established in the real estate, so the article only explores the movable property right of pledge Order Between chattel mortgage rights between competing issues. The paper Keywords mortgagee the right quality Concurrence Order Between Mortgagee quality Concurrence Same movable property, whether to allow the occurrence of the mortgagee and the right quality of competing countries civil law theory and legislation today: (1 deny said. Theory of civil law in France, Germany and Switzerland, and the legislation did not recognize chattel mortgage, (2 definitely say from the legislative point of view our current lt;lt; Property Law gt;gt; and lt;lt; Guarantee Law gt;gt; Concurrence and bit ordering relation problem does not require the mortgagee and the right quality. legislation in most countries and regions of the mortgagee and quality the right of the competing issues without making provisions, but more than I recognized interpretation on the application of the Supreme People’s Court lt;lt; lt;judicial interpretation of the Guarantee Law gt;gt; Article 79, paragraph 1, of the same property the mortgagee and quality of the legal registration the right to co-exist, the mortgagee shall take precedence over the pledgee repayment. “visible, our judicial practice recognize the mortgagee the right quality above the same property is competing. (3 compromise said. compromise that and there were different points of view Some believe th