On the Normative Structure on Security by Right to Proceeds of Real Estate
The right to proceeds of real estate is an independent right of real estate which is neither real right nor creditor's right,thus it is improper for the current law to include it into accounts receivable.The normative structure on security by right to proceeds of real estate should be re-examined:Firstly,in terms of its position in the system,the security by right to proceeds of real estate should be placed in the part of mortgage rather than that of pledge.Secondly,in terms of the establishment requirements,in addition to the general requirements,the establishment of security by right to proceeds of real estate must meet the special requirement of"the consent of the administrative organ".Thirdly,as far as the publicity system is concerned,the publicity way of security by right to proceeds of the real estate is registration,and the principle of validity upon registration should be adopted for the mode of validity.Finally,as far as the path of realization is concerned,the funds in the account should be executed first,and the value realization of right to proceeds should be regarded as an alternative:on one hand,the nature of the"exercising the funds in the account"is an extension of the security interest,and the"account"item should be set up under the item of registering mortgage of right to proceeds of real estate,and the account information should be registered here.On the other hand,the"value realization of right to proceeds"should be carried out through calling for tenders,auction and other bidding methods,and it should be allowed to transfer such right to proceeds for split period of time.
Right to Proceeds of Real EstateAccounts ReceivablePublicity SystemSecurity Interest Extension
万方数据
维普
