| 英文摘要 |
The competitive existence of real estate mortgage and utilization right can be divided into two types: the competitive existence of real estate mortgage and usufructuary right, and the competitive existence of real estate mortgage and creditor’s rights usufructuary right. The competitive existence of real estate mortgage and usufructuary right is less than the latter before. In the competition between real estate mortgage and leasehold, the mortgage has priority when it is mortgaged first and then leased; When leasing first and then mortgaging, according to Article 405 of the Civil Code, the leaseholder in possession of the leased property can fight against the mortgagee; The addition of "transfer of possession" in Article 405 of the Civil Code reduces the possibility of false lease, but increases the difficulty of identifying the lease relationship and transaction costs, so the ability to register the real estate lease right should be given. The Civil Code adds the right of residence, in which the priority of the competitive deposit of the voluntary right of residence and the mortgage right is determined according to the registration sequence; The testamentary residency right can be established without registration. If it is not registered, it shall not be against the bona fide mortgagee of real estate. Although the mortgage has priority over the right of use, the right of use does not affect the realization of the mortgage, and the right of use may not be removed. The judgment of whether the right of use will affect the realization of the mortgage should be based on the results of the first auction of the mortgage. The removal of the right of use should be based on the application, and there is no need for the mortgagee to file another lawsuit. |
