The Study Of The Law Of Houses' Mortgage

What the passage study of is the law of mortgage of houses. First,the meaning of mortgage in common law systems is investigated. It means that the land and the movable property must be transferred and conveyed in order to secure the performance of some debt or release from other duties. This kind of security could be get rid of through the debt or other duties' performance,even if there is contrary clause in the contract. The development of mortgage in common law systems experienced the mortgage forming in common law and the mortgage establishment in equity. But the mortgage is similar to hypothecation of security in civil law systems to a certain extant after system of the register and announcement and clearing principle were leaded in. Secondly,compared with mortgage system in common law,there isn't proprietary right transferred in houses' mortgage in our country. Analysing and comparing several theories,the passages regards the legal character of house mortgage as a kind of hypothecation of real property. Thirdly,the passage makes a study of louhua mortgage. There are two contracts in louhua mortgage contracts. One is the purchasing and selling contract of house singed by the house purchaser and land agent,the other is a contract of louhua mortgage signed by the house purchase the land agent and the bank. The practice and the theory of law have already came to a accordance in the efficacy of louhua pe-register,it is actually register of real property in order to protect the right of request for the future change of proprietary right. Pre-register of mortgage has a characters of proprietary rights. So its' efficacy can exclude others. Last,the passage probed theproblems of the rehypothecation of the mortgage house. The regulation is contradictious in this land in our country. The writer thinks it is feasible that the remainder of what the mortgage house secures. About dealing with the dispute on house mortgage,the passage lists several serious situations that the pre-purchasing contracts of houses should be terminated. After the pre-purchasing contracts of houses are terminated,the banks should have priority of being paid off the money of selling houses.