Research on the Separation of Mortgagee and Creditor

Authors

  • Wenyao Ge

DOI:

https://doi.org/10.54097/fbem.v9i1.8405

Keywords:

Real estate mortgage, Form separation, Affinity of guarantee.

Abstract

Article 179 of China's Property Law refers to the relationship between the mortgagee and the creditor, which clearly stipulates that "the creditor is the mortgagee". According to this article, the mortgagee and the creditor should be the same subject. However, in the judicial practice of real estate mortgage, local real estate mortgage institutions have many restrictions on the mortgagee, resulting in the separation of the mortgagee and the creditor. Does this conflict with the subordination of the mortgage? In this case, how to realize the guarantee function of mortgage? Based on related cases, this paper will understand the subordination and guarantee function of mortgage from a new perspective, and analyze the inconsistency between mortgagee and creditor from the perspective of the separation between mortgagee and creditor caused by real estate mortgage registration.

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References

S.P. Gao, On Guarantee Law. Bei Jing: Law Press, 2009, ch. 283-285.

H.B.Chen, On Property Right in Civil Law. Bei Jing: China Legal Publishing House Press, 2009, ch. 450.

X.Cheng, Theory and Practice of Mortgage System in China. Bei Jing: Law publishing Pree, 2010, ch. 156-167.

Michael Sandel, Justice: What's the Right Thing to Do?. New York: American and Australian independent publishing house, 2011, ch. 254.

X.Bo: Learning Theory, vol. 08 (2020), No.4,76-77.

S.S.Ni:Journal of Huaibei Vocational and Technical College, vol. 06 (2018), No.16,18-21.

R. E. Haskell and C. T. Case, “An analysis of the effectiveness of incidental review,” Cambridge Res. Lab., Cambridge, MA Rep. ARCRL-66-234 (II), 2008, v

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Published

15-05-2023

Issue

Section

Articles

How to Cite

Ge, W. (2023). Research on the Separation of Mortgagee and Creditor. Frontiers in Business, Economics and Management, 9(1), 116-119. https://doi.org/10.54097/fbem.v9i1.8405

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