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| 中华人民共和国物权法（英文版） |
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| http://www.dffy.com 2007-12-5 10:20:01 来源：东方法眼 |
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Article 199 In case a same property is mortgaged to two or more obligees concurrently, the money generated from the auction or sale of the mortgaged property shall be used for paying debts in light of the prescriptions as follows: (1) In case all the mortgage rights to have been registered, the payments shall be made according to the registration sequence; and where the sequence is the same, the payments shall be made on the basis of the proportion of obligee s rights; (2) The registered mortgage right shall be cleared off prior to the unregistered one; and (3) In case no mortgage right has been registered, the payments shall be made on basis of the proportion of obligee s rights.
Article 200 The buildings newly constructed on the land after the mortgage of the right to use construction land may not belong to the mortgaged properties. Such newly-constructed buildings can be disposed of together with the disposal of the aforesaid right to use construction land so as to realize the mortgage right, however, the mortgagee has no right to seek preferred payments from the money generated from the disposal of these newly-constructed buildings.
Article 201 As regards the mortgage of the right to the contracted management of land as provided for in Item (3) of Paragraph 1 of Article 180 of the present Law or the right to use construction land occupied by the plant or any other building of a township or village enterprise as prescribed in Article 183 of the present Law, after such mortgage right is realized, without completing the statutory procedures, the nature of land ownership or land use may not be altered.
Article 202 A mortgagee shall, within the limitation of action for the principal obligee s rights, exercise the mortgage right, otherwise, such mortgage right will not be protected by the people s court.
Section 1I Mortgage Right at Maximum Amount
Article 203 For ensuring the payment of debts, an obligor or third party may provide mortgage security to the obligee for the obligee s rights that will continuously happen within a certain term, and when the obligor fails to pay its/his due debts or any circumstance as stipulated by the parties concerned for realizing the mortgage right happens, the mortgagee has the right to seek preferred payments from the security properties within the maximum amount of obligee s rights. The obligee s rights existing prior to the establishment of the mortgage right at maximum amount may, upon the consent of the parties concerned, be incorporated into the scope of obligee s rights under the mortgage security at maximum amount.
Article 204 Unless it is otherwise stipulated by the parties concerned, in case part of obligee s rights are transferred prior to the establishment of the mortgage security at maximum amount, the mortgage right at maximum amount may not be transferred.
Article 205 Prior to the determination of the obligee s rights under the mortgage security at maximum amount, the mortgagee and the mortgagor may, upon agreement, alter the term for the determination of the obligee s rights, the scope of obligee s rights or the maximum amount of obligee s rights, however, such alteration may not cause any unfavorable influence to any other mortgagee.
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本文关键词：物权法
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