A Study on the Scope of the Secured Claim of the Line of Ctedit Mortgages

• Main Authors: Chang, Hao-Ming, 張浩銘
• Other Authors: Cheng, Kuan-Yu
• Format: Others
• Language: zh-TW
• Published: 2014
• Online Access: http://ndltd.ncl.edu.tw/handle/28819374127536484373

碩士 === 中國文化大學 === 法律學系 === 102 === Republic of China Civil Code have amended on March 5 1996, increased provisions of the Line of Credit Mortgages, make it be the legalization. It helps clarify what is different between Line of Credit Mortgages and Mortgages. It also affects the relevant contents of collateral mortgage contract in financial institutions with clear legal binding force. In January 2011, Consumers’ Foundation, Chinese Taipei (CFCT) express when financial institution transact credit contract, it makes agreements about the category of mortgage, and the scope of the secured claim of the Line of Credit Mortgages on their own. It didn't endow mortgagors the right to choose. Although it's comply with Civil Code 881-1 item 2 if the Line of Credit Mortgages contract shows every clearly defined legal relation of scope of the secured claim, it's almost contain every possible transaction with financial institutions. Which means, equivalent to legislator’s negative connotation the generalized of the Line of Credit Mortgages, and it may have an invalid? Therefore, it must be clarify between the contents of financial institution mortgages contract and Civil Code applicable. Thus, this article will study in scope of the secured claim of the Line of Credit Mortgages, to exploring scope of the secured claim of the Line of Credit Mortgages of applicable and occasion.