Analysis On Mortgage Legal System Of Property Under Construction In Chinese Mainland

Along with the thorough reform of Chinese housing system, mortgage on commercial estate is being developed as a new pattern of security interest. Mortgage on commercial estate, called real-estate mortgage in Anglo-American law, was developed very rapidly after leaded into Chinese mainland from Hong Kong at 1990's.There are two kinds of mortgage in housing system of mainland: mortgage of property under construction and mortgage of property constructed. Compared with mortgage of property under construction, mortgage of property constructed is more normalized with more complete legislative authority. Lacking of relevant legislations, mortgage of property under construction brings about chaos in practice.In order to resolve the problems in practice and potential dangerous under current incomplete legal system, we should pay more attention to normalize mort(?)gege system of property under construction.Reviewed origination and development of mortgage system in UK, this (?)r clarifies that the essential meaning of mortgage is a pattern of security of transf(?)g property right and mortgage of property under construction is learned directly (?)m HK's mortgage system. Based on the status of mortgage of property (?)er construction in Chinese mainland and analysis of the balance of right and liabil(?)or all parts, this paper claims that one of the essential reasons of disputes in pra(?) is that so-called normalized mortgage contract of property under construction la(?) of executive power without clear legal support.Chapter 3 focuses on the characteristic and the necessity of legal normal(?)tion of property under construction in Chinese mainland.Chapter 4 analyzes the advantage and disadvantage of two possible legal normalizing models.Chapter 5 declares the conclusion of this paper. It says that perfecting the currenthypothec system will be a good way to normalize mortgage of property under construction. More, the realization of hypothec system for advanced sale commercial housing and the range determination of guaranty liability for seller are researched with meaningful suggestion.