common-law mortgage 中文意思是什麼
common-law mortgage
解釋
普通法上的抵押, 習慣法上的抵押-
This article consists of five parts as following : mortgage of uncompleted building was originated from the common law and the law of hong kong, so the paper probes into its meaning - the transformation of the specific property right ; when the debtor fails to perform his duty, the creditor can obtain the title determinately ; the debtor enjoys the right of redeeming the collateral security through fulfilling his debt, the creditor has the obligation of returning the property at the same time. secondly, the author summaries its essential feature on the practice of the real estate mortgage hi the mainland of china - the target of the mortgage is a kind of expective interest ; the mortgage is a kind of guarantee which is settled through making over the interests in expectancy ; the risk of the mortgaged uncompleted building should be borne by the realty company instead of the mortgagor ; the phase of the mortgage ; mortgage is realized in a particular way. thirdly, on the basis of analyzing the legal nexus that is involved, the paper points out that the legal ne xus of the mortgage is just between the mortgagor and the mortgagee
樓花按揭作為一種擔保方式起源於英美法上的mortgage ，所以本文第一部分首先探討了mortgage在英美法上的含義：特定財產權利的轉移；在債務人不履行債務時，債權人可以確定地取得所有權；債務人享有通過履行債務而贖回擔保物的權利，同時債權人負有交還財產的義務。其次，就我國的樓花按揭實踐總結了其基本特徵：樓花按揭涉及兩個合同三方當事人；樓花按揭的標的是一種期待性利益；樓花按揭是通過轉讓物業權益而設定的一種擔保方式；預售樓花滅失的風險應有開發商承擔；樓花按揭的階段性；樓花按揭實現方式的特殊性。最後，分析了樓花按揭所牽涉的各個法律關系，認為真正的樓花按揭法律關系只是購房人與銀行之間的按揭貸款關系，按揭當事人只有購房人（按揭人）與銀行。 -
Mortgage, as a kind of security, which was originated from the ancient security system of fiducia in roman law, had acquired development and maturity in common law
按揭這一擔保形式，源於羅馬法的古老的信託質擔保方式，發展並成熟于英美法系國家。 -
The development of mortgage in common law systems experienced the mortgage forming in common law and the mortgage establishment in equity. but the mortgage is similar to hypothecation of security in civil law systems to a certain extant after system of the register and announcement and clearing principle were leaded in
英美法按揭的發展經歷了普通法按揭擔保的形成以及衡平法按揭擔保的確立，而登記公示制度和清算原則的導入，使其在一定程度上和大陸法中的抵押擔保制度較為相似。 -
Mortgage system is a real security form which originated from common law. it has a long development history, and now it is the most common security device in common law system
按揭制度是發端于英美法的一種物的擔保形式，具有悠久的發展歷史，目前也是英美法系中適用最為普通的一種擔保形式。 -
Secondly, compared with mortgage system in common law, there is n ' t proprietary right transferred in houses " mortgage in our country
其次，通過與英美法上的按揭制度比較，可以看出我國的商品房按揭制度並沒有轉移按揭物的所有權。 -
Chapter three focus on the compare and comment of varieties of theories of privilege mechanism which include the character of common privilege, the relation between privilege in public law and private law protection, the legislation choice between privilege mechanism and legal mortgage mechanism
論文第三章對優先權制度若干眾說紛紜的理論學說進行了比較與評析。包括目前學術界爭議較大的一般優先權的性質問題、公法上優先權與私法保護關系問題、優先權制度與法定抵押權制度的立法取捨問題。 -
This contribution is that, 1 : and guarantee system for the historical and comparative analysis of civil law for the security system and the common law and the mortgage system is essentially the same, are set to guarantee the rights of people would object to the transfer of security rights
（ 3 ）讓與擔保還具有標的物范圍廣泛和實行方式便捷的特點。讓與擔保的性質是讓與擔保權在權利體繫上的歸屬問題，讓與擔保的形式為所有權轉移的目的是擔保 -
This article is divided into three main parts, introduction made by the first article to address the problem that our current commercial housing mortgage existence of the de jure applicability of the relevant norms, and therefore the need for the introduction of civil security system. in the first chapter, introduced to the history and evolution of the security system, the relevant provisions of civil law countries, common law mortgage system, and commercial housing mortgage on the country ' s current situation. chapter ii with the guarantee system to allow specific content to do a more detailed introduction
筆者認為讓與擔保的定義應對讓與擔保的當事人、目的、讓與標的及當事人之間的法律關系作出較明確的說明並將讓與擔保界定為:讓與擔保是指債務人或第三人為擔保債務人的債務，將擔保標物的權利移轉于債權人，于債務清償后，標的物的權利應返于債務人或第三人，于債務不履行時，擔保權人可就擔保物優先受償的制度。
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