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2008•Journal of Zhengzhou Institute of Aeronautical Industry ManagementRequires access

The Nature of Mortgage Right

Zhang Peng-fe

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Abstract

Since the German Civil Code distinguished real right from debt right and classified mortgage right into real right,scholars had many arguments about the nature of mortgage right.This article points out that the nature of these arguments is the reflecting of the Concept Legal Science.Then,I will analyze the mortgage right from the angles of the Concept Legal Science and the legal values.I will get my conclusion that mortgage right is not a typical real right and do no harm if we classify it into real right.

About this research paper

What this paper is about

Since the German Civil Code distinguished real right from debt right and classified mortgage right into real right,scholars had many arguments about the nature of mortgage right.This article points out that the nature of these arguments is the reflecting of the Concept Legal Science.Then,I will analyze the mortgage right from the angles of the Concept Legal Science and the legal values.I will get my conclusion that mortgage right is not a typical real right and do no harm if we classify it into real right.

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Available abstract

Since the German Civil Code distinguished real right from debt right and classified mortgage right into real right,scholars had many arguments about the nature of mortgage right.This article points out that the nature of these arguments is the reflecting of the Concept Legal Science.Then,I will analyze the mortgage right from the angles of the Concept Legal Science and the legal values.I will get my conclusion that mortgage right is not a typical real right and do no harm if we classify it into real right.

Key concepts: Debt, German, Harm, New Right, Shared appreciation mortgage, Law and economics, Political science, Law

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