Article 412 of the Civil Code basically uses the provision of Article 197 of the Property Law,the mortgagee has the right to collect the natural or legal fruits when the property is detained.However,there are arguments about application of Article 412,reflecting disputes with the right of legal fruits between obligees.Detainment in Article 412 of Civil Code should be interpretated extensive-ly,including both detaining and seizure,no matter it is waiting-in-line seizure under mortgagees request or seizure under other creditors request.Also,the notification of rent by mortgagee is not an element of validity of mortgage extending to rent,but an element for mortgagee against debtor.According to theory of legal pledge in subrogation,mortgage extends to rent after the mortgaged real estate is detained,which could be interpreted as legal pledge.Therefore,when there is conflict of rent due after detainment between mortgage of real estate and pledge of rent,it could be interpreted as conflict between same kind of security interest,and the priority should be determined by sequence of their set up before detainment of property.
关键词
不动产抵押权/租金/物上代位/债权质押
Key words
Real Estate Mortgage/Rent/Subrogation/Pledge of Obligation
维普
万方数据