This chapter on mortgages under the Civil Code introduces significant innovations while building upon the framework of the Property Law. Key reforms include expanding the scope of eligible collateral to encompass rights such as land management rights and the use rights for collectively owned land for business purposes and establishing a new superpriority rule. It also abolishes outdated restrictions, such as the prohibition on floating charges and the requirement for mortgagee consent to transfer mortgaged property, thereby creating a more efficient and balanced legal regime. The chapter further addresses the crucial issue of prioritizing competing rights, like multiple mortgages, on the same property.

错误:搜索内容不能为空,请输入英文关键词
错误:关键词超出字数限制,请精简
高级检索

Mortgage

  • Jianyuan Cui

摘要

This chapter on mortgages under the Civil Code introduces significant innovations while building upon the framework of the Property Law. Key reforms include expanding the scope of eligible collateral to encompass rights such as land management rights and the use rights for collectively owned land for business purposes and establishing a new superpriority rule. It also abolishes outdated restrictions, such as the prohibition on floating charges and the requirement for mortgagee consent to transfer mortgaged property, thereby creating a more efficient and balanced legal regime. The chapter further addresses the crucial issue of prioritizing competing rights, like multiple mortgages, on the same property.