Coincidence between mortgage and pledge refers to the same subject matter and there is a mortgage and pledge, and realizing the mortgage right and pledge in effect, each other conflict. Combined with the reality of our country, coincidence between mortgage and pledge has the possibility and reality of the existence of the. Concurrence of mortgage and pledge has many kinds of legislation, its competing force order determination is influenced by many factors.
英汉互译在线翻译
For the concurrent validity conflict, can be resolved in two ways, one is the legislation level; two is to explore a reasonable resolve mechanism combined with the existing legal system. The legislation level, combined with the foreign legislation, provisions of regulation from the right to mortgage and pledge as well as the publicity system, is a way. But the reality in our country at the present stage, to explore a reasonable resolve mechanism combined with the existing legal system, is more practical. Through the investigation of factors of China's existing legal system, and analyze the impact of competition effect, according to the order of the concurrence of rights has, the mortgage right and pledge are divided into three kinds of situations, namely "first mortgages, pledge", "the first matter adjourned mortgage", "'and' the establishment of mortgage and pledge". For each case to explore a reasonable resolve mechanism, to ensure the reasonable to determine the effectiveness of CIS, achieve fairness and justice.

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