Author(s)

Zeng Yaolin

Corresponding Author

Zeng Yaolin

ABSTRACT

As an important pillar of China's economy in recent years, the real estate market that involves real estate sales, lease, transaction, mortgage and other trading activities is a high incidence field of legal disputes. Different transactions have different legal consequences, but when the rights form conflict, the existing legal system is also in an awkward position because of the lack of regulation. China's property law gives owners the special priority to use the garage, but the mortgage financing function of garage still exists. Due to the characteristics of garage such as large quantity, wide range and publicity, the conflict between the purchase right formed by garage transaction and the mortgage right formed by garage mortgage not only leads to legal conflict, but also often causes social stability problem caused by group visits. With the theoretical basis and possibility of practical operation, the way of ban on garage mortgage in law should be the solution to resolve the conflict.

KEYWORDS

Garage purchase right, priority right of use, ban on mortgage