Establishment of Mortgage Right in the Mortgage Financing of Land Management Right
The mortgage financing system of land management rights is an important measure to revitalize rural assets and increase financing.However,due to the ambiguity of legal provisions and the dispute in both theoretical and practical fields,there are still some issues that need to be clarified regarding the establishment of the mortgage rights in the mortgage financing system of land management rights.The scope of mortgagor and mortgagee should be defined accurately;The scope of the object of the mortgage right should include the plants and livestock on the ground,and the ancillary facilities should be treated differently;The establishment of mortgage right is not based on the registration of land management right;The procedure of"with the written consent of the contractor"is not appropriate,and the violation does not affect the validity;There is no room for the application or analogy of"with the written consent of the contractor"procedure for mortgage financing of land management right obtained by other means.The registration of the mortgage of the land management right also needs to be differentiated according to specific circumstances to meet the operability of registration.
land management rightmortgage financingestablishment of mortgage right
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