Tong said，Mortgage Trailer registration does not have the priority compensation effect，It is necessary to wait for this registration before the mortgage is preferred。"Civil Code" before the introduction，On this question，different judicial practice in various places。It is considered，Mortgage Trailer Registration has no priority compensation effect，Even if the ownership has been registered for the first time，The mortgage preview registration cannot still be prioritized (such as (2012) Shanghai Second Middle School Six (Shang) End No. 138 judgment、(2014) Xu Minji (Shang) First Character No. 1581 Judgment);，If the mortgage registration is not processed，is because the small owner does not cooperate、The court's seizure of the bids and other reasons，The mortgage preview registration can be prioritized (such as (2011) Hangbin Shang first word No. 204 judgment、(2018) Chuan 1321 Minchu No. 4055 judgment);，As long as the preview registration is not invalid，It has the priority compensation effect (such as (2011) Zhen Shang Ji Zi No. 183 Judgment、(2014) Yanmin Final Word No. 27 Judgment)。The Supreme People's Court on Article 52, paragraph 1 (hereinafter referred to as the "New Law") of Article 52 (hereinafter referred to as the "New Law") of the Supreme People's Court，The mortgage preview is registered under a certain part，can directly have the priority compensation effect。Although the second court of the Supreme People's Court's civil trial in the Civil Trial of the Supreme People's Court is in the book "Judicial Interpretation and Application of the Supreme People's Court Civil Code Guarantee System"，I have explained this rule，summarizes it as "Whether the mortgage preview registration is prioritized for compensation，Determine whether this registration condition has been possessed when the indictment is "; however, this interpretation is not clear enough，The understanding of this regulation may still be different。This article takes a typical case ((2022) Shanghai 74 Pinning No. 109 judgment) as an example，Try the understanding of the new law and apply as a discussion。

[Case Introduction] December 2009，Borrower A and Developer B、Bank C and signed the "House Guarantee Loan Contract"，Promise A borrowing from C from C，Used to bet365 Play online games buy room A (housing)，A is obliged to set the mortgage to set C in room A，As a loan guarantee。At the same time，B provides phase guarantee for borrowing，Period to the date of the mortgage registration of Room A。After the contract is signed，Bingyi Land of Launch，Office A handles the register of House A of the right person C.。August 2021，Unable to repay for 4 consecutive periods due to A，C filed a lawsuit with the court。Discovery by the court，until the prosecution，Room A has completed the first registration of ownership，​​But because of A，Not transferred yet，No mortgage registered registration，B is still the owner of the house。Celery of the Court for the court to order A to repay in advance，B assume a guarantee responsibility for this，and advocate that Room A is given priority to the preferred compensation。(Popularity for discussion，The facts of the case are slightly deleted)

The court of first instance court judged A borrowing principal and interest，But the mortgage registration has not yet been processed、The mortgage right is not established as the reason，Rejection of C, please，Decree B assumes the responsibility of guaranteeing the obligation of the above repayment。B、C is not serving the first trial judgment，A appeal。The court of the Second Appear supports B、C's appeal request，It is judged to be the right to pay the preferential compensation in Room A according to the new law、B's guarantee responsibility eliminate。(Several Provisions of the Supreme People's Court on the Application of the "Play of the Laboratory of the People's Republic of China" "，This case can be applied to the new law)

[Case Evaluation] In this case，The stipulated guarantee "to the date of the mortgage registration"，Conditions (retrospective) elimination conditions that constitute a guarantee contract。This staged guarantee，It aims to ensure the establishment of the final guarantee (mortgage)，The risk of "the final guarantee of the guarantee after the loan" is hedged。Based on this，The above agreement should be explained for purpose，That is, the mortgage registration is not done，Ruo B can actually claim the final guarantee、The mortgage is given priority compensation，B is no longer guaranteed guarantee liability，Otherwise, it will be contrary to honesty credit。The core of the controversy in this case，It is whether the mortgage preview registration can generate (final) preferential compensation effect，This interpretation of the bet365 live casino games new law is applicable，Pay attention to the following points。

First，The legitimacy of the new method，In this registration, there is no barrier，The so -called allowable to be directly prioritized，omitted by the purely registered procedure，The requirements set by the new law should also be understood: the mortgage contract is invalid、Rejected，Lost mortgage，House rights due to the termination of the buying and selling contract、It is invalid or revoked without being transferred，Or buying a person to abandon creditor's rights，Credit to destroy the claims guaranteed to be guaranteed by the trailer registration，Together with not applying for this registration in time、Tubing of the trailer registration，All cause the trailer registration failure (Article 221, paragraph 2、"The Supreme People's Court's Explanation of the" Pixels of the People's Republic of China "of the Property Rights (1)"; 1)、During the transfer period of house ownership, it has not yet reached、Mortgage setting request rights to be at timed，There are other obstacles in the registered registration of the book; in these circumstances，None of them can be preferentially compensated by the preview right holder in accordance with the new law。other，Applicable to the new method，It still has the premise that the mortgage right (if it is established) also has the direct compensation request，If the debtor has been trapped in breach of contract, etc.，No to speak。

Next，The order is directly prioritized，If it is considered to be based on the effectiveness of trailer registration，After the judgment takes effect，There may also be a new fact that causes the claims that the preview registration is guaranteed，Trailer registration so it fails，At this time, there is an effective judgment，Priority compensation is the wood of the non -capital、Source of water。For example，After the judgment takes effect、Before execution，Loss of things for mortgage marks，The performance of the mortgage bet365 live casino games contract cannot be performed，Trailer registration so it fails，At this time, there are compensation benefits，But because of the mortgage right has not been established，Do not send a biological generation (Article 390 of the Civil Code)，It cannot be given priority for self -priority; if the judgment takes effect、Before execution，Unable to handle property right transfer registration due to real estate regulation policies，The mortgage contract cannot be performed，At this time, the notice registration is also expired due to the protection of the claims that the claims are eliminated，Trailer Registration right holders cannot be prioritized;，If the judgment takes effect、Before execution，The owner or the developer lifts the sales contract，It can also cause the mortgage contract to perform cannot be performed，Mortgage setting request right to eliminate，Trailer registration failure，No priority compensation。To avoid this，The so -called order is directly prioritized，It is appropriate to think that the mortgage right is directly established according to the judgment (Article 229 of the Civil Code)。It is usually considered，Change of real rights If the payment is based on the payment judgment，is a change in property rights in accordance with legal acts，Must be effective after the registered party，Non -229 Applicable range。But based on the reasons for procedural omission -to meet the registration conditions of this registration condition, the registration is actually procedural step，The establishment of the mortgage right here is still changing in property rights in accordance with legal acts，But it can be included in Article 229:。On the architecture of doctrine，It can be considered that the meaning of the changes in property rights in the judgment can be considered: that is, the expression of the intention of the mortgagee's consent of the property rights and the registration consent in the registration procedure method; in the case of this case，As depending on the need, the proposed developer B and the buyer A transfer the ownership of the house ownership。

Last，The continuity of registering in the registration procedure method，The preview of the preview registered right holder is directly prioritized，It is advisable to order the right person to apply for this registration in accordance with the judgment (in this case，Before the mortgage registration is processed, the bank Cushang needs to hold a judgment before buying the person A to handle the transfer registration)。But the change of property rights such as mortgage，No registration，The judgment takes effect and is established，Effects from the date of the new law to the date of the trailer registration。

Based on the above understanding of the new law，Although this case is not transferred to the transfer、Mortgage registration，But the obligations of assistance to assist in the mortgage contract，Bet365 app download To be compulsory，No obstacles to the registration of the cost，There is no other reason for other registered obstacles，and already have direct compensation requirements，The court should follow the new law，Establish a mortgage right in accordance with the judgment，Effective from the date of the trailer registration。Based on this，The second instance is judged to be the right to pay priority for room A、B guarantee responsibility eliminate，It is worthy of agreeing。

To sum up，The new law does not give the trailer registration itself with priority compensation，Just allow the mortgage right to set up according to the judgment。Just allow the mortgage right to set up according to the judgment，Its purpose may be two。

One，Protection Trailer Registration right holder、Guarantee interests。Avoid it under the conditions of this registration，It is not allowed to blame the registered owner's registered obstacles (if the registered obligor will not cooperate，The registration agency will not be given、Not handling this registration in time，The registration that has been processed due to procedure defects was revoked, etc.)，The mortgage right is not established，Affecting the right holder advocates priority compensation，Do not extend the assault responsibility for the guarantor。For example，When the registration requirements for mortgage are already available，Small owners may not cooperate with transfer registration and mortgage registration，If the preview of the registered right holder must be requested first，Judgment of "Decision of the Modeling of Property"，Then apply for mortgage registration，Only then can the mortgage claim that the priority is given first，It may be due to subsequent new facts，Learning registration failure，The registration of the mortgage cannot be handled。This risk occurs，It is completely impossible to blame the registered right holder，It should not bear the unfavorable consequences。omitting this registration，Establish a mortgage right with a judgment，Avoid the above risks，It can also destroy the developer’s phased guarantee at the same time，Legislation with interest measurement。

Its two，Avoid complaints，Improve judicial efficiency。In the case of already available mortgage registration requirements，The right holder's prosecution requires first compensation，If this registration is not handled because of not handling this register，Rejection of the Lottery，bet365 best casino games Circum increasing complaint，It is not conducive to judicial efficiency。For example，If the item has been delivered to the small owner，But was seized due to the debt of the small owner，Unable to apply for mortgage registration (hereinafter referred to as "checking the situation")，At this time, if you are not allowed to take the priority compensation,，It may cause the following lawsuits: (1) Administrative lawsuit。From the perspective of judicial practice，In the case of the subject matter of the subject，Registration agencies usually do not handle this registration，At this time, the registered right holder often claims to confirm the specific or abstract administrative behavior illegal。(2) Developer appeal。Under the situation of the developer at the same time, under the situation of a staged guarantee，It is easy to order it to continue to bear guarantee liability，To make developers appeal。The reason for their appeal is mostly: the sealing of the subject matter cannot be attributed to the developer，Therefore, it should not continue to bear the staged guarantee liability。(3) Acting objection to the objection。When the subject is seized，According to the "Provisions on the Supreme People's Court on the Enforcement Objury and Reconsideration Cases of the People's Court" (hereinafter referred to as the "Regulations on Essays and Reconsideration"), Article 30 proposes to stop punishment or exclude execution objection，May be rejected，So as to cause an objection to the objection。At the same time，In terms of judicial efficiency，Still seizing the above seizure as an example，If you are not allowed to take the priority compensation effect，When the court disposes the creditor's debt and debt，Mandarin mortgage preview right holders shall propose to stop punishment or eliminate execution objections in accordance with Article 30 of the Excellence and Reconsideration Regulations，and the registration of mortgage in accordance with the rules or judgment，Later, continue to clean up the debt of the owner of the owner of the bankruptcy。If you are allowed to set up a mortgage right，Can quickly complete the cleanup of the creditor's debt and debt。

It is worth noting that，Whether the mortgage preview registration is satisfied with direct priority compensation requirements，Especially whether there is a cause of registering obstacles，Frequently non -preview registered right holders can know，Therefore, in such cases，Trailer Registration Bet365 app download right holder Whether exercising mortgage、Proposal staged guarantee liability or two together，All facing the risk of losing the case。This new method is to balance the interests of all parties、Save judicial resources、The cost of improving judicial efficiency，The right holder shall be borne by the preview right holder，Therefore, the staged guarantee liability appeal is not supported if it is not supported，The cost of the corresponding litigation seems to be borne by the offenders。Of course，If the preview registered right holder is to avoid such judgment difficulties and the risk of the corresponding defeat，After that, modify the contract format terms，It is clearly stipulated that "the mortgage forecast registration has the priority compensation effect，If the registration is not completed，The risk of breach of contract is still the scope of the responsibility responsibility of the period "，At the same time, it is agreed that "the corresponding creditor's right to the borrower and the right to give up and give the guarantor" at this time，It should respect its agreement。

(Author Unit: School of Law, East China University of Political Science and Law)