| Take hold of your hand, and together with you I am to grow old, this, is definitely one of the greatest pleasures of life. However, to our disappointment, the divorce rate of modern city remains high and it is commonly seen that marriage ends up with hatred.With the advance of society, purchase of house on mortgage has been widely accepted, together with that is the arising disputes on the ownership of the mortgage house.Thus, the division of mortgage house becomes the focus of divorce. It is believed, by some scholars, that divorce leads to the breakup of cohabitation of the couple, but it doesn't affect the value of the house. In other words, the dissolution of the marriage not only fails to eradicate the housing needs of the two parties engaged, but rather increases the housing demand. There is no trifle thing when it comes to the house division.As for the way to identify and split the premises and the added value of it, no definite rules have been laid out in either the current Marriage Law, or other relative jurisdiction interpretation. What's more, there is no agreement on the understanding of judicial practice, therefore, the verification varies so much that different judgments may come out from the same issue. This has brought negative effects on our legal system and serious attention should be paid on this problem.According to the current Marriage Law, the common wealth after marriage includes legal property system and contract property. The division will be relatively easy at the event of divorce if a previous engagement has been made before. In addition, seen from the problems encountered in the judicial judgment, more disputes arise from the legal property system. Starting from this consideration, this paper presents the research on house division on the premises of legal system.Apart from the introduction and the conclusion, this paper comprises of four chapters and has given a systematic analysis of different circumstances concerning the mortgage-house and its added value division when divorce occurs. We hope the paper could be of some help in the actual trial dealing with division of mortgage-house and its added value.In Chapterâ… , a typical case of property division in divorce is introduced to bring about the problems arising in the process of divorce.Chapterâ…¡is mainly about the legal analyses of the house on mortgage. Through the deep analyses of the legal property of mortgage-house, the three parties and four legal relation involved in the process of mortgage have come into light. It is because of these intricate relations that have made the division a complicated problem. The concept of mortgage is introduced and the legal attributes are analyzed. Due to the fact that mortgage include existing house mortgage and the auction mortgage. The problems involved in this paper are mainly about the auction mortgage.The points of academy have been raised and discussed in Chapter III, based on which, solution of mortgage house division is put forward. It recommends solution be divided into two option based on whether the ownership of the mortgage house has been acquired. Then the ownership of the house under each circumstance is discussed respectively. In the second section, division of added value of the mortgage house is analyzed.In the last chapter, solution of the mortgage house division in the judicial practice is presented. First of all, all the measures for this issue in current law practice are raised and the drawbacks are brought out. Then, the division methods are discussed following the categories classified in Chapterâ…¢, which is whether the ownership of the mortgage house has been obtained.
|
PDF Full Text Request