Problems in property law, controversial issues in property law

Obviously, it is not a pledge, but a mortgage debt relationship. If the mortgage is not registered, it will be repaid in chronological order. D took possession of the diamond ring, and the essence of the pledge occurred, so B and C were mortgages, and D was pledged.

In this case, the mortgage was not registered and could not be used against D, who had the right to be repaid in priority, and the pledge had priority over the mortgage. There is still 50,000 after the auction of diamond rings, and according to the provisions of the civil law, if the mortgage is not registered, it will be repaid in the order of the effective time of the contract, and because B signed the agreement before C, it can be repaid first.

Therefore, it is that D can auction the diamond ring to get 5000, and the remaining 5000 is obtained by B, and C is a tragedy, understand?

A borrowed 5,000 yuan from B, and in order to guarantee the repayment of the debt, he set up a pledge for B with a diamond ring worth 10,000 yuan, but said: "I have a safe deposit box at home, and the diamond ring is placed in my safe and kept by me." B agrees and signs the contract.

The condition for the occurrence of the pledge right is the contract + delivery, and this delivery must be a realistic transfer of possession, without delivery, there will be no pledge, and B does not enjoy the pledge, but only enjoys ordinary creditor's rights.

A borrowed $6,000 from C, and the parties agreed in writing to create a mortgage right with the diamond ring for C, and when A was unable to repay C's $6,000, C could be repaid with the diamond ring first.

Movable property may be encumbered and a mortgage may arise once the contract is signed, but a mortgage on movable property that has not been registered may not be used against a bona fide third party.

Subsequently, A borrowed 5,000 yuan from D to set up a guarantee for D with the diamond ring, and Dante claimed that the diamond ring should be in his possession. The two parties reached an agreement that D would pay A 5,000 yuan, and A would hand over the diamond ring to D for possession.

Ding has the right of pledge.

2.According to the effect of the property right, how to deal with this case? (Masters help, be quick!) ）

Ding has the right to pledge the ring, and he will be compensated first. If there is still residual value in the ring, C will exercise the mortgage, and B will only be an ordinary claim.

The Property Law has lapsed and the Civil Code applies. The Civil Code stipulates that the perpetrator shall bear tort liability if he infringes on the civil rights and interests of others due to his fault; Where it is presumed that the actor is at fault in accordance with the provisions of law, and the actor cannot prove that he is not at fault, he shall bear tort liability.

Article 1165 of the Civil Code of the People's Republic of China: Where the actor Sun Musheng infringes upon the civil rights and interests of others due to his fault and causes harm, he shall bear tort responsibility. Where it is presumed that the actor is at fault in accordance with the provisions of law, and he cannot prove that he is not at fault, he shall bear tort liability. Article 1166 of the Civil Code of the People's Republic of China: Where an actor causes harm to the civil rights and interests of others, regardless of whether the actor is at fault, and the law provides that tort liability shall be borne, follow those provisions.

Legal analysis: There are two basic functions of property rights, one is to determine the ownership of things, and the other is to achieve the determination of points and stop disputes. The modern function or extended function of property rights is to improve the utilization value of things and make the best use of them.

Legal basis: Civil Code of the People's Republic of China

Article 208:The establishment, alteration, transfer, and extinction of real estate rights shall be registered in accordance with the provisions of law. The creation and transfer of movable property rights shall be delivered in accordance with the provisions of law.

1. The joint venture contract is invalid because it violates the law, and the mortgage contract is invalid because the joint venture contract is invalid. The law prohibits enterprises from lending funds to each other, and if one party collects interest in the name of a joint venture, it shall bear corresponding legal responsibility. The Guarantee Law provides:

The guarantee contract is a subordinate contract of the main contract, and the main contract is invalid, and the guarantee contract is invalid. If the guarantee contract provides otherwise, the agreement shall prevail. Therefore, the mortgage contract is invalid and the mortgage right is not established.

2. If the fertilizer plant knows and should know that the joint venture agreement is invalid and also provides a mortgage, it shall bear corresponding responsibility for the damage caused by all parties according to the degree of its fault. Paragraph 2 of Article 5 of the Law on Undertaking Chaos and Closure: After the guarantee contract is confirmed to be invalid, if the debtor, the guarantor and the creditor are at fault, the reputation shall bear the corresponding civil liability according to their faults.

The mortgage has been established, and since the registration has been carried out, the acquisition of the mortgage on the fixed property is subject to registration (registration is not required for the formation of a mortgage contract). The preparation between the cement factory and the garment factory is called a joint venture, which is actually a loan, and even if it is a private loan, it will not affect the fertilizer factory's guarantee liability.

A handed over the house to the construction company B, and the two parties formed a construction contract.

After the completion of the house, A registers with the Denghao Fiber Search Agency, and A obtains the ownership of the house based on the new construction.

Subsequently, a lease contract was formed between A and C.

A borrowed money from Bank D and set up a loan contract with the house as collateral. However, the vertical answer of the loan contract does not affect the validity of the lease contract.