Study On The Force Majeure Risk Allocation Of Personal Housing Mortgage

Today, the mortgage as the introduction of new consumption patterns in China has become the first choice of buyers, but the mortgage system set itself is not enough mature. China's housing mortgage system is set to protect mainly the interest of the main banks and other financial institutions and seek to mitigate them the damage caused a lot of risk, so as to maintain financial market stability. However, this macro-protection setting often ignores the vulnerable groups in the legal relations of mortgage, who is buyer of the lack of anti-risk ability. Particularly after breaking out force majeure, as earthquake event in Wenchuan, the housing mortgage risk assumption aroused the community's violent discussion. Buyers bought homes at high prices from the developers and regularly pay the interest on the banks'loan. National support of policies lonely can not fundamentally solve the problem when the force majeure event comes to. This thesis analyzes China's personal housing mortgage system, and finds the disadvantages on China's existing laws, rules and policies from a legal relationship between the various subjects, then puts forward the recommendations to the system of force majeure risk.ChapterΙdescribes the background of the topics, theoretical and practical significance, as well as domestic and international scholars'research situation. It analyzes the shortcomings of current research and establishes its own innovations, while this chapter also shows that the author own inadequacies and direction.ChapterⅡmainly introduces the situation of individual housing mortgage system in China, and through describing China's mortgage program then analyzes the legal relationship between the subjects of the existing housing mortgage.ChapterⅢanalyzes the meaning of force majeure, and makes the risk of personal housing mortgage to category under the force majeure: the lengthways subjects'risk among consumers, developers and banks; the horizontal subjects'risk between the consumers. This chapter deeply reads the former and proposes the imbalance of the interest distribution between subjects, then briefly describes the latter. Then interprets current risk system of force majeure in China from the dialectical relationship between the order value and the justice value, then proposes reconstruct it from the height of legal theory.Chapter IV examines the legal system of risks faced by other countries from the particular perspective of force majeure events as earthquakes, and draws the best practices from the countries, then reflects on China's shortcomings in the relevant system.ChapterV composites the above analysis about risks of personal housing mortgage, and combines with the actual situation in China, finally proposes the countermeasure building the system.