| Abstract: | In the relationship between real estate mortgage contract and registration,the"principle of oneness"in the Guaranty Law has been replaced by the"principle of distinction"in the Property Law,and the remedy rule specified in the"guarantee law interpretation"should be restricted(Article 7)or abolished(Articles 56 and 57).Converting the validity of an unregistered real estate mortgage contract into a joint guarantee within the scope of the mortgaged property does not meet the applicable conditions for the conversion of the invalid legal act,nor does it follow the supplementary interpretation rules of the contract,which is not only contrary to the autonomy of the parties,but also ignoring the system effect of its processing conclusions.The validity of the unregistered real estate mortgage contract shall be examined under the framework of the contract law for the specific reasons for the failure to register the real estate mortgage contract.Responsibilities should be assigned to the mortgagor and the creditor considering the registration claim,the contract cancellation,the damages for the breach of contract(predictability,and fault). |
