论文部分内容阅读
抵押贷款公证,是指国家公证机关根据当事人的申请,对抵押贷款合同的真实性、合法性予以证明的一种公证行为。抵押贷款合同关键是抵押权的设定。围绕抵押权就涉及到抵押物,对抵押物的实际控制和保管;对抵押物的处理和强制执行的证明等问题。为了提高办证质量,更好地提供法律服务,笔者仅就上述几个问题,作一初探: 一、依法设定抵押权 依法设定抵押权,就是依据国家法律、法令和政策的规定设定抵押权。抵押权是一种优先受偿权。抵押物一经设定抵押权,当债务人不履行还贷义务时,债权人就享有从变卖抵押物中优先受偿的权利,这种权利称作抵押权。享有抵押权的债权人称为抵押权人,将财产交付抵押的债务人或第三人称为抵押人。
Mortgage loan notarization refers to a notarized act that the notary office of the state certifies the authenticity and validity of the mortgage loan contract according to the application of the parties concerned. The key of mortgage loan contract is the setting of mortgage. Around the mortgage rights related to the collateral, the actual control of the collateral and custody; the handling of the collateral and the enforcement of the certificate and other issues. In order to improve the quality of accreditation and provide better legal services, the author only makes a preliminary study on the above issues: First, to set up a mortgage according to law To set up a mortgage according to law is to set up a mortgage according to the provisions of national laws, decrees and policies right. Mortgage is a priority claim. Once the mortgaged property is set up as a mortgage, when the debtor fails to perform its obligation of repaying the loan, the creditor enjoys the preferential right of repayment from the sale of the mortgaged property, which is called the mortgage right. The creditor with the mortgage right is called the mortgagee and the debtor or the third party who delivers the mortgage property is called the mortgagor.