Analysis On Mortgage Of Property Under Construction In China

Mortgage of property under construction is at present widely adopted in China. Mortgage system originated from the common law, this system in subsequent developing has been continuously perfect and mature. While mortgage of property under construction is from Hong Kong, China's mortgage system is introduced from Hong Kong real estate market, and rapidly developed. Mortgage of property under construction system strengthened homebuyer's ability to pay, developers to unearth a considerable amount of residential consumer groups, and also for the bank created low risk assets investment market. Unfortunately, the current laws and regulations to mortgage system did not make clear a regulation, some local regulations and rules also just briefly involve the problem, resulting in the theory and the practice of'building'the mortgage definition, legal attribute and legal relations exist great controversy, this led to practice extensively about mortgage of property under construction disputes cannot can depend on.This paper is about the legal nature of mortgage of property under construction in China, and combining the development situation of booking commodity house mortgage of mortgage of property under construction system consummation Suggestions.This paper except preface and closing outside, main content is divided into four chapters:The first chapter mortgage of property under construction system overview. Mainly introduces mortgage of property under construction system, this paper expounds the basic situation in both Britain and the mortgage system in China and Hong Kong area development evolution as well as our country to mortgage of property under construction and the situation, and further analyzes the trade structure of mortgage of property under construction.The second chapter mortgage of property under construction system properties positioning. Main building of Chinese scholars about'the families of nature'mortgage collaterals theory, this paper expounds the building'mortgage'with mortgage, pledge, and the difference between conveyance surety, then reveals the our country'the legal nature of building'mortgage.In the third chapter of mortgage of property under construction system problem hint, main building of our country legislation actuality and mortgage of property under construction system, especially the advance notice registration system problems discussed and analyzed.The fourth chapter our country mortgage of property under construction system is perfect. According to our country mortgage of property under construction problems existing in the system of our country,'a building'mortgage system and the perfection of the legislation of supporting the improvement of the system of the advance notice registration Suggestions.