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2004•Unpublished venueRequires access

On Division and Mortgage Rights for Property in Common

Hongwei Yu

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Abstract

Division of property in common can be carried out according to two legitimate systems, maintenance approach and transference approach. While dividing the property which has mortgage right, employment of different systems has a great impact upon the established mortgage. Through the comparison of the two systems, maintenance approach is more reasonable both in theory and practice. On such a basis, this paper analyzes the fulfillment of mortgage right in the two systems.

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What this paper is about

Division of property in common can be carried out according to two legitimate systems, maintenance approach and transference approach. While dividing the property which has mortgage right, employment of different systems has a great impact upon the established mortgage. Through the comparison of the two systems, maintenance approach is more reasonable both in theory and practice. On such a basis, this paper analyzes the fulfillment of mortgage right in the two systems.

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Available abstract

Division of property in common can be carried out according to two legitimate systems, maintenance approach and transference approach. While dividing the property which has mortgage right, employment of different systems has a great impact upon the established mortgage. Through the comparison of the two systems, maintenance approach is more reasonable both in theory and practice. On such a basis, this paper analyzes the fulfillment of mortgage right in the two systems.

Key concepts: Division (mathematics), Property (philosophy), Business, Property rights, Mortgage insurance, Law and economics, Actuarial science, Economics

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