Study On Merchant House Mortgage System

The thesis will have an elementary discussion on the theoretic and practical problems concerned with the merchant house mortgage in general.First of all, the thesis reviews the mortgage system historically and makes a comparative analysis on mortgage between the common law and the Chinese law, it shows that there have great differences among the qualification for instauration requirement of mortgage, rights and obligations of parties of the mortgage contract, and the method of the right realization.Then, it analyzes the economic reasons of the formation of mortgage system, especially the reason of the difference between the mortgage system coming into being in the main land of China and other guarantee system.. And it analyzes the various risks existed in mortgage system as well.By researching the definition, legal relations and legal character of mortgage on merchant house, the writer thinks that the mortgage from common law has been changed greatly in the practice of China. There are two kinds of mortgage, the presale mortgage (a pledge of obligation) and the spots mortgage (a pledge of immovable). To the unadvisable behavior in the mortgage practice, the writer also discusses the six legal issues, which can be seen frequently in the merchant house mortgage system, in order to regular the mortgage operations and protect the benefits of the parties.Taking into account all the analysis above, the writer puts forward some countermeasures to perfect China's merchant house mortgage system. Many countermeasures are being offered here, including strengthening the supervision of mortgage market, perfecting the loan security and insurance system for merchant house mortgage, issuing the Securitization of the merchant house mortgage loan, regulating the legal character of the mortgage definitely and so on.