Can the parties agree on the mortgage period in the mortgage contract or the mortgagee fails to realize the mortgage right within the agreed mortgage period and loses the right to realize the mortgage right? This problem is worth studying. According to the legal principle of real right, the types and contents of real right are stipulated by law, not agreed by the parties. Article 12 of the Interpretation of Security Law also stipulates that the guarantee period agreed by the parties shall have no legal effect on the existence of security interests. However, the law does not prohibit the mortgagee from giving up the mortgage automatically. The law does not prohibit any obligee from disposing of his rights without violating the public interests or harming the legitimate rights and interests of others. There is no doubt that during the existence of the mortgage, the mortgagee unilaterally waives the mortgage, and if it does not harm the interests of the mortgagee's creditors or the public, it seems that there is no need for the law to interfere. Then, can the mortgagee agree to give up the mortgage under certain conditions in the mortgage contract? Can the agreed mortgage term be regarded as a way for the mortgagee to give up the mortgage automatically? Why does the mortgagee unilaterally give up the mortgage without legal interference, but when certain conditions are met in the mortgage contract, the act of giving up the mortgage is subject to legal interference?

Therefore, when the agreed mortgage period is regarded as a violation of the statutory principle of real right, it seems that it is not protected by law. However, if the agreed mortgage period is regarded as a conditional waiver of mortgage, it should be supported by law. Therefore, it should be admitted that under certain circumstances, the agreement of the parties can be regarded as a conditional waiver of the mortgage by the mortgagee and can be the reason for the extinction of the mortgage.