The Rights Conflict and the Solution of the Realization of the Mortgage Right of the Construction in Process

Construction in process is of great exchange value and possibility of becoming cash, so it has been widely used in the construction as an important way for mortgage financing guarantee. But conflicts in many subjects of right realizing their rights appear in the realization of the right of mortgage of construction in process. The relevant laws and regulations of the realization of the right of mortgage of construction in process are absent, so how every subject of right achieves his interests becomes the focus for academics and practitioners to discuss. The author explores value embodied in the priority efficiency between security interests and the balance of interests, studies on the improvement of corresponding registration system, expects the financing guarantee mechanism of the construction in process can operate smoothly and efficiently based on the exchange value to promote social development.