Property Securitinization At The Legal View

The article elaborates the history of property securitinization. property securitinization stemmed from America and gradually extended to Europe and Asia and the development of its system presents different characteristics, too. The establishing of property securitinization generally includes: setting up the property pond, establishing the spv, property-transferring, increasing the credit and rating, price-fixing and issuance, and so on. The legal problems concerned for the process primarily include: the meaning of property and security and the qualitarization of property-transferring, particularity of spv, the legal status of the credit-rating agency, and so forth. There are two legal relations among the respective parties of property securitinization: the contract relation and the tacitly legal faith relation. Now, the obstacles of property securitinization in our country mainly contain law obstacle and non-law obstacle, and law obstacle mainly lies in the company law and security law. But our country also possesses the beneficial factors of property securitinization, under the circumstances, our country should adopt two measures: one, under the present legal circumstances, we can evade the obstacles through the rational arrangement; two, modifying the present law or legislating the new law.