论房地产抵押权的实现-法律专业毕业论文.pdfVIP

ON THE REALIZATION OF THE GUARANTY RIGHT OF REAL ESTATES ABSTRACT The guaranty right of real estates refers to the guaranty right set by creditors and debtors on real estates. In views of history and reality, the realization of the guaranty right of real estates can achieve proficiency and equality by maximizing the value of real estates and balancing the interests of real estates holders and other subjects. In the view of value criterion and institutional economics, legislators should balance proficiency and equality. However, pursuant to the current law, the elements and effect of the shift of sequence of guaranty rights are not be laid out clearly, the rules settling the coexistence of rights is adverse the real estate holders, the investigative duty of auctioning and registering organs failed to be fulfilled, these organs thus will avoid responsibilities. In order to balance the values of proficiency and equality, rules should be laid that where guaranty rights coexist, the shift of sequence should be determined by interested parties, these latter parties should obtain prior status by shifting; that where guaranty rights and II sponsorship coexist, these sponsors should take the bonded liability except that it is otherwise provided by contracts among interested parities, and the liabilities of sponsors will be exempted provided that the liabilities of sponsors be exempted; that the auctioning and registering organs should fulfill the investigative duty and responsibilities accordingly. KEY WORDS: Real Estates, the guaranty right