论抵押权的顺位-法律学专业论文.docxVIP

论抵押权的顺位 西南政法大学硕士学位论文 iii iii iv iv Abstract Mortgage, as one part of real right, known as the King of the guarantee, has an important role in economic development, and it does not transfer the possession of the guarantees; it gives full play to the effectiveness of the guarantees. With the development of market economy, corporate financing needs is growing, but social resources are limited in a given period; in order to maximize the utility of things, it often seems that more than one mortgage is established on the same guarantee. Thus, the provisions of the order of mortgage are necessary to the realization of debt. The order of mortgage, as civil entity-procedural right, is very important to economic development. Based on this, this paper focuses on issues related to mortgage in order to mortgage applicable in solving disputes. Comparative research methods are used in this paper, firstly, the author studies the legal system of some countries or regions, in order to explore one of the differences; secondly, makes some suggestions to improve China’s legal system. The paper includes the following sections: The first section is the reason of the order of mortgage. The system mainly related are the balance of mortgage and repeated mortgage, but the order of mortgage is only produced in the repeated mortgage, and then analyzes the reasonableness of the repeated mortgage. With the constant improvement of the registration system, the repeated mortgage has operability, so the repeated mortgage has feasibility in the law and practice, and Chinas Real Right Law admits the repeated mortgage. The second section is the determination of the order of mortgage. The rules to the determination of the order of mortgage are closely linked to the public system of the real right, and different public systems have different rules of determination. There are three public systems: essentials doctrine, against the doctrine of publicity, syncretism. Chinas Real Right Law takes sy