The law of the court is applied for the judicial proceeding in the enforcement of the ship's mortgage. 船舶抵押权实现中的诉讼程序适用法院地法。
Accompanying the issuing and execution of Guarantee Law and its judicial interpretations, the Real Estate Mortgage Guarantee system of China has been improved day by day. 随着担保法及相关司法解释的出台,不动产抵押担保制度日趋完善;
Through the majority of scholars and experts from the joint efforts of judicial practice, real estate mortgage system will eventually be widely accepted by the people of the world. 通过各位专家学者和广大司法实践者的共同努力,房产和地产分开抵押制度终会被世人所普遍接受。
Due to the insufficiency of current legislature and the conflict of different ideas, this heatedly-discussed issue has posed great challenges in the judicial practice. Subsequently, a series of inevitable controversies emerge while the ownership and the division of the mortgage housing property are being handled. 由于立法的粗疏和理念的冲突,这一热点正在逐步演变成为困扰司法实践的难题,在处理按揭房的归属及其分割问题时,不可避免的产生大量争议。
Finally, any law does not reach the acme of perfection, this paper points out that the judicial interpretation of the provisions of the three mortgage division of some shortcomings, put forward their own suggestions. 最后,任何法律都不是尽善尽美的,本文指出司法解释三对按揭房分割规定的一些弊端,提出自己建议。
I think that judicial interpretation should be clear after the original mortgage debtor to continue to bear the divorce settlement responsibilities and obligations. 笔者以为,司法解释中应明确原按揭债务人离婚后继续承担清偿责任的义务。
Although the Supreme Court in the judicial interpretation of the Marriage Law ( C) mentioned in the mortgage property, but any country, including judicial interpretation of a law does not define the meaning of the mortgage. 但到底何谓按揭?虽然最高院在婚姻法司法解释(三)中提到了按揭房产,但我国任何一部法律包括司法解释并未对按揭的含义进行界定。
Judicial procedure should be simplified to realize chattel mortgage right, and allowed to be executed quickly. 应简化通过司法手段实现动产担保物权的程序,并允许该简化司法程序的快速执行。