Research on the Separation of Mortgagee and Creditor

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.