Studies On Mortgage Of Uncompleted Building In Civil Law

Mortgage on uncompleted building is popular in the sale of houses today. It can be seen in the advertisement of selling houses in china. Common people can use less money to buy departments, acquire house property rights, and realize the dream of having a house of his own. Building development company will acquire the fluxion and benefits quickly because of selling the merchandise building in advance. It is also one of the securest loans for the bank to achieve benefits. But the present law system on it is so simply that it can not meet the need of this mortgage. In practice, it's relations are complex ,and there are more risks than common contract ,so many scholars have studied on it. There are different viewpoints on it from different people. In the thesis the author discusses the mortgage by comparing it with relative concepts, mortgage of common law, mortgage in Hong Kong etc, and describing the practice of this mortgage. The author analyses this kind mortgage's characteristics and points out its quality is different from other concepts. In the thesis the author did not only analyse the concept of mortgage in mainland of China, but also analyses the relative law systems such as registrations and real law in China. These other law systems affect the mortgage on uncompleted building in mainland of China. So this mortgage has been reformed and changed in China. The author discusses this mortgage is in practice of sale of house in advance but not the theoretical mortgage. Every law system is not separated from social environment, so do the law system of mortgage on uncompleted building. The author suggests that we must pay attention to the influence of environment and this mortgage's changes. Three chapters: The first chapter deals with the meaning ,characteristics and the quality of this kind of mortgage. Because it comes from Hong Kong ,so someone has thought these two kinds of law systems as one thing. There are various ideas in both theoretical and practical fields over the quality of the mortgage. The first idea is that this mortgage on uncompleted building is charge, the second idea is that it is pledge, the third idea is that it is belong to mortgage; the forth idea is that it is a new form in real law system. By discussing all the ideas above. The author point out that it is a law system embodied charge , pledge and guarantee .The author pay attention to the guarantee to the bank promised by building development company, and notices this guarantee play a key role in the mortgage on uncompleted building. Because the uncompleted building is in charge of the building development company ,it in fact controls the real before the building should be completed. The guarantee has its own qualities in this practice, but it has always been ignored by the learners on it.The building development company must register the building in the house administer office and bring the papers of the building to the bank, or it will be looked as a break to the contract between it and the bank. In this part the author gives his own viewpoints on the meanings, characteristics and qualities of this mortgage in mainland of China. The second chapter deals with how to establish the mortgage and force of the mortgage on uncompleted building in mainland of China. The author introduces these steps taken in practice, and then analyses the practice by civil law theory. He points out some reasons that why some special things happen in the mortgage on uncompleted building in China. In the legal relation the building development company, the buyer and the bank is involved. In practice the building development company and bank will sign a contract of cooperation, the bank promise to provide loan to the buyer. At the same time another contract between the bank and the buyer, is involved the bank gives a loan to the buyer and the buyer give the creditor security. The author...