A Study On Louhua Mortgage System

At the end of 1980s and the beginning of 1990s, a new kind of assurance has appeared in the practice of the real estate, namely Lou hua mortgage, which is becoming the main way that the town dwellers buy houses. But at the same time, the new assurance put forward a new subject to the guarantee law of our country.The first chapter of the thesis introduces the legislative models about the system of Louhua mortgage. Firstly, it presents the establishment and development of mortgage in Anglo-American law system, which clarifies the intension of mortgage system. Then, it introduces the general situation of Louhua mortgage in Hong Kong. Finally, the thesis expounds the establishment and development of mortgage in our country and compares the above-mentioned systems of Louhua mortgage.The second part of the thesis expounds the general theory of Louhua mortgage. Firstly, it discusses the concept and characteristic of Louhua mortgage and deems Louhua mortgage a kind of real estate mortgage on the basis of further analyzing and probing into legal characteristic of Louhua mortgage. Then, the thesis inquires into the main process of Louhua mortgage creation and juridical relation involved in the practice of Louhua mortgage, and public summons of Louhua mortgage. Finally, it discusses the validity of Louhua mortgage.The third part of the thesis probes into the common problems in the practice of Louhua mortgage. Firstly, it puts forward some solutions after having analyzed the conflict between the contractor's legal priority and the interests of bank and purchaser. Secondly, it inquires into validity of remortgage by contractor and purchaser.Finally, the thesis puts forward some measures to overcome the unreasonable provisions in standard contract in the practice of Louhua mortgage.The fourth part of the thesis proposes some ways to control the common risk of bank in the practice of Louhua mortgage. Then, it respectively expounds the significance of risk control of bank in way of guarantee, insurance and securitization of Louhua mortgage, and proposes the writer's suggestions on how to control the risk of bank in the practice of Louhua mortgage.