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On the Relationship between Property Rights of Mortgage and Assume In Rem according to Law of Compulsory Execution
Compulsory Enforcement Act,Mortgage,Secured right in rem,Lease relationship,Real Property,
|Publication Year :||2020|
The main profits of the banking industry in our country are mainly from the discrepancies between interest rates of loans and deposits. As a result, it is no doubt that the credit business has been being the most important business in the banking industry for almost 100 years. And, real estates are the majority of collaterals for the credit business. Real estate mortgage accounts for a very large portion among the various credit guarantee methods, which causes the importance of real estate mortgage to the bank's credit business is self-evident.
Since the values of the real estates are relatively high, the debtors often create various rights on the real estates with other creditors，such as lease rights, secured rights in rem, rights of acquiring profit in rem, etc. When auctioning the real estates, how to adjust these various rights on the real estates? Will the rights continue to exist or be extinguished after the auction? This is really an important issue of the real estates.
An auction is an important procedure of compulsory execution and also the majority way of proceeding a mortgage right; and many issues are involved when auctioning a real estate. How to increase the auction price to protect he creditor right, which is not only very important for satisfying the creditor’s claim but also significant for easing the debtor’s burden. During the auction, the things that always worry the bidders are whether any duties shall be borne by and whether the property shall be checked and delivered to the bidders, among which the burdens of lease most draw the attentions of the bidders.
This thesis expects to probe into the relationship between property rights of mortgage and assumption duty in rem, especially into the relationship of lease, in order to protect the claims of bank and even to achieve a win-win situation for both the banks and their clients.
|Appears in Collections:||事業經營法務碩士在職學位學程|
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