The Normative Logic of Creating Mortgages of Rural Land Management Right Contracted by Other Means:The Interpretation of Article 342 of China's Civil Code
Article 342 of China's Civil Code,which follows Article 133 of the former Real Right Law,provides that the right to rural land management contracted by other means may be transferred by way of mortgage.However,the Article 395 of the Civil Code deletes the content of the right to contractual land management contracted by other means,as stipulated in Article 180,Paragraph 1,Item 3 of the former Real Right Law,resulting in an insufficient supply of spe-cific rules that can be applied to such mortgages.Therefore,the application of the rules for creating mortgages on the land management right contracted by other means should be resolved through the path of analogous application,and the conditions for the establishment of mortgages should be analogously applied to the rules of consensual entry into force and registration confrontation in Article 47 of the Rural Land Contract Law.The"acquisition of ownership certificates through registration in accordance with law"stipulated in Article 342 of the Civil Code,is only a procedural condition that legally recognizes the process of transforming"four kinds of the wasteland"into agricultural land.On specific issues such as the scope of the registration confrontation of the mortgage,the rules of registration of chattel mortgages should be applied by analogy.
the right to rural land management contracted by other meansmortgageanalogical applicationregis-tration confrontation
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