Mortgage Right - Mortgage System - Civil Law - Guiport Lawyer Network

by hao148 on 2009-10-21 00:56:26

Regarding mortgages, Article 33 of the "Guarantee Law" has a clear stipulation: "The mortgage referred to in this law means that the debtor or a third party does not transfer possession of the property listed in this law but uses it as security for a debt. When the debtor fails to perform their obligations, the creditor has the right, according to the provisions of this law, to be preferentially compensated from the proceeds of the sale of the said property." Therefore, a mortgage can be defined as: A mortgage is a legal form where the debtor or a third party does not transfer possession of the mortgaged property but uses it as security. The debtor or third party providing the property guarantee is called the mortgagor, and the rights enjoyed by the mortgagee, namely the creditor, are referred to as the mortgage right. According to Article 179 of the "Property Rights Law," the mortgage right refers to the overall rights of the creditor over the security property provided by the debtor or a third party without transferring possession, including the right to dispose of the mortgaged property by selling it when the debtor fails to fulfill the debt upon maturity or when the agreed conditions for realizing the mortgage right occur, and the right to priority compensation from the proceeds of the sale.