Die Hypothek - eine rechtsvergleichende Betrachtung im chinesischen und deutschen Recht

Abstract

The dissertation carries out a comparative research on mortgage between Germany and China. This is a thesis with a purpose, written to explain and comment on differences between German and Chinese mortgage. Based on different basic ideas of property law between Germany and China, this thesis tries to explore what are the causes of differences of both mortgages. This thesis takes the German and Chinese legal, political economic background into consideration too, in order to explain the causes of differences between German and Chinese mortgage. In addition to principle, content, extra forms and liquidation of mortgage this comparative analysis is also divided into the following parts: mortgage lending value of mortgage object, mortgage of construction contractor and mortgage in bankruptcy. In order to reach a better mutual understanding of legal systems between German and Chinese reader, the rules and regulations in both Germany and China are compared in detail to set out the different contents and peculiarities concerning mortgage. Over a few hundred years´ development, mortgage in Germany has achieved successes in practice. In China, there are similar system and structure to German mortgage. So the future development of Chinese mortgage can use the successful experience of German mortgage theory for reference. The author hopes this research can provide aid for the future development of Chinese mortgage. This paper would be the first research of comparative law on mortgage between Germany and China, because property law was just enforced in 01.10.2007 for the first time in China.