JOURNAL OF BEIJING UNIVERSITY OF AERONAUTICS AND A ›› 2014, Vol. 27 ›› Issue (5): 63-68,120.DOI: 10.13766/j.bhsk.1008-2204.2013.0298

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Two Issues on the Mortgage of Forest Rights

Shao Yuanfei   

  1. Law School, Shandong University, Ji'nan 250199, China
  • Received:2013-07-01 Online:2014-09-25 Published:2014-09-22

Abstract:

Mortgage of forest rights, the important link in the collective forest rights reform, is in the urgent need of theoretical support. China has set restrictions on the transfer of mortgaged real estate out of the consideration of theory and cost. As a special mortgaged real estate, the mortgage of forest rights should be transferred in a free way, for the practice of which has proved the necessity of free mortgaged real estate. It is up to the mortgagor to decide whether land and forest are mortgaged together or respectively, because land and forest are two independent real estates. The mortgage system should avoid being partial to the mortgagee to fully balance the interest.

Key words: mortgage of forest rights, mortgaged forest rights, transfer of mortgaged real estate, mortgaged together, respectively mortgaged

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