Real estate mortgage once set, which produce the corresponding legal effect, not only between the rights and obligations of the corresponding set, and to the mortgaged property and its associated other property rights may also be affected. According to the effect of the real estate mortgage object, can be divided into internal validity and foreign effect.
Internally effect
(a) real estate mortgage inward effect 1, shall be satisfied first effect of the real estate mortgage internal effect, in short, namely estate the mortgagee shall have the claim secured by the mortgage of the real estate of priority out of power. Real estate the mortgagee in the debtor fails to perform his obligation, the real estate mortgage without the consent of the person can be the mortgage of the real estate to dispose of, and from the value of the sell priority in in a general creditor pay for. 2, real estate mortgage of the creditor's rights range effect real estate mortgage of the creditor's rights include: (1) the principal claim; (2) the interest. Including statutory interest and an interest. Inasmuch as the debtor delay to perform in interest that delay interest, also belong to the real estate mortgage security range; Liquidated damages (3); (4) damages; Realize the cost of real estate mortgage headscarf. The parties in the mortgage contract to real estate mortgage in the creditor's rights range has an agreement, from the contract. 3, real estate mortgage involved the scope of things: (1) effect of real estate itself. Estate guaranty, according to its subject matter can be roughly divided into two kinds: the land use right mortgage and the ownership of the house mortgage. With the mortgage of the land use right, the above-ground buildings and other attached objects it then mortgage; To the ownership of the house is mortgaged, the take up the land access inside limits also mortgage at the same time. According to law has not yet been built or are allowed to build the houses or other buildings, mortgage, the parties concerned to deal with the mortgaged property, and the mortgage of the real estate, and the validity of the. (2) real estate from content. From content "the advocate content part from belongs to the Lord and property, and to advocate content play auxiliary utility thing. Because real estate mortgage for the mortgaged property at auction gold preferred payments from the right value, based on the main content of the sanctions and in from content principle, a real estate mortgage auction estate, its effect in the real estate and since should be from content. (3) real estate from the right. From the right is to point to help ZhuQuanLi for the validity of the existence of rights. From the right and ZhuQuanLi relationship, as advocate content and from content in relation to ZhuQuanLi and their subject matter of set of real estate mortgage the option, the effect of the real estate mortgage and in from the right. (4) yields. Real estate mortgage operative in mortgage began to implement the sanctions after the subject matter to mortgage so far produced real estate yields. Chinese guaranty law stipulated in article 47: debt to perform period expires, if the debtor defaults to the people's court if the mortgaged property is seized, from the date of seizure, the mortgagee has the right to collect the natural separation from the mortgaged property yields and the mortgagor may collect from the mortgaged property legal yields. But the mortgagee shall of the fact that the mortgaged property is seized notice shall pay legal interest of the obligor, otherwise, the mortgagee's right shall in the yields. 4 the value of the mortgaged property, and the effectiveness of the mortgagor keep enough to make the real estate mortgage behavior of the reduction of the value, real estate the mortgagee has the right to require the mortgagor to cease its behavior. The mortgage of the real estate value that reduce, real estate the mortgagee has the right to require the mortgagor restore its value or provide and the reduced value of a guarantee. To reduce mortgage the value of the mortgaged property has no fault, real estate, mortgage the mortgagee in for the loss resulting from the scope for guaranty.
Foreign effect
(2) real estate mortgage foreign effect of the real estate mortgage foreign effect is to point to the real estate mortgage to mortgage relationship about other property of the mortgaged property external influence, concrete including on real estate of usufructuary rights and other mortgage and the influence of the leasehold relation. 1, real estate mortgage on the influence of the usufructuary rights real estate mortgage right is the exchange value of real estate for creditor's rights to provide security, the use of the mortgaged property value of its without the influence, so whether in the mortgage right before or after set set, mortgage the mortgage of the real estate in per capita can set the usufructuary rights. But only in the usufructuary rights real estate mortgage set already exists and the registered before can have real estate mortgage against the effect. 2, the mortgage of the real estate of other mortgage real estate value huge influence, enough to guarantee a few creditor's rights, and at the same time, mortgage does not transfer of real estate possession, therefore probably in the same real estate on several mortgage set. In the same set several real estate mortgage the option, the mortgage of the creditor's rights in order to set the indemnification, order the same then the proportion of creditor's rights shall be satisfied. About real estate mortgage set by the determination of first order, they should take the mortgage registration application date standard, put forward that the application for registration of the real estate mortgage that mortgage, after being registered, the prior to the application of the sequence after the real estate mortgage, and whether mortgage registration book of records date of registration and the mortgage registration certificate specified date. 3, real estate mortgage right to lease and the impacts of setting usufructuary rights, the mortgagor may, in a leased house set hypothec, can also will have set hypothec of rental housing. Lease relationship exists in before the mortgage, the validity of the real estate mortgage inferior to the leasehold relation, the mortgage of the real estate auction, the original leasing contract the transferee of real estate shall remain valid. If will have set hypothec of rental housing, the real estate mortgage operative in the leasehold relation, real estate mortgage realization, lease relationship removes.
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