A Legal Study On The Building Mortgage Insurance

In recent years, with the development of social economy, the building mortgage,the consumption idea of " take tomorrow's money realizes today's dream ", has already been accepted by the consumers. When the bank offer the loan,the bank requires mortgagor to buy the building mortgage insurance,in order to dissolve the mortgage risk. However, as the mortgage insurance legal system has not been built in our nation ,there are a great deal of problems in practice of the building mortgage insurance.The author selects the topic to cause the personage's to attend the the building of mortgage insurance. Chapter one of the text has carried on the summary to the legal system of the building of mortgage insurance. First of all, analyse the legal system on the building of mortgage insurance from realizing the building of mortgage system. The meaning , legal characteristic and legal relations involved of the mortgage system: in the continent of our nation, mortgage was introduced from Hong Kong in the 1990s,now the word of "mortgage"has been brought into the Chinese law culture . In our nation , "mortgage"means the bank must intervene the law relations .The mortgagor will forthwith insure and during the continuance of this security keep insured in favour of the mortgagee against loss or damage by fire and other risk and hazards, each and every building on the said land and which may hereafter be erected thereon for the full replacement value thereof with an insurance company acceptable to the mortgagee and will pay all premiums and sums of money necessary for such purpose as the same become due; and will forthwith assign, transfer and deliver over unto the mortgagee the policy of insurance and if the mortgagor shall neglect to keep said buildings or any of them insured as aforesaid, or to deliver such policies or to produce to the mortgagee at least three days befor the termination of any such insurance evidence of the renewal thereof, the mortgagee shall be entitled but shall not be obliged to insure the said buidings or any of them.The purpose of intervening is order to promote the completing of the real estate trade.The legal characteristic of mortgage includes:in the law corpus, including mortgagor,mortgagee and building explor;in the contents,mortgage includes three basic legal relations. Mortgagee may sell and dispose of the mortgaged premises with or without enting into possession of the same and with or without notice to the mortgagor.The deal contract relation between the mortgagor and the building explor, and the relation of borrow contract between the mortgagor and the bank(mortgagee) and the relation of mortgage and guarantee between the bank(mortgagee) and the building explor. Secondly, explains the creation of the building of mortgage insurance system. If you understand the background of the building of mortgage insurance system, that is to say,the value of involving of the insurance company , we should analysis the risk of the mortgagee and mortgagor at first. The risks is the risk of the bank (mortgagee) facing and the risk of the mortgagor faceing and the building explorer facing.The risks stem from different territory. Finally, analyses the concept , nature and legal characteristic of the building of mortgage insurance. The building of mortgage insurance is one kind of the financing insuranceof the real estate.The lending bank avoids credit the mortgagor's risks in the activity, requiring the mortgagor to purchase insurance. In our nation, the characteristics of the building mortgage insurance is guaranteeing the insurance. Chapter two introduces the formulation and development of the legal systems of the building of mortgage insurance on Japan , U.S.A. and Canada, in order to take the reference of the building mortgage insurance system in our nation. Chapter three of the text introduces the legal problems of the building of mortgage insurance in our nation. At first, explains " the insurance is order to disperse danger and digest losses, the best system in order to remedy the calamity to turn into losses". So the building of mortgage insurance in our nation is no exception. During the " Ninth Five-Year Plan Period ", our government confirms the real estate as point of economic growth in our nation. Through the promotion and reforment of the building , buying house on loan becomes the focus. The bank and the insurance company become friends in order to controlling the risk.The bank demands consumers buy the building of mortgage insurance .This offered the new development opportunity for the personal fiduciary loan of our nation, consumers have realized one's own buyer's dream. Meanwhile, this chapter takes Shenzhen and Shanghai as examples and introduces the state of development of the building of mortgage insurance system in our nation . Secondly, analysis the problems of the building of mortgage insurance in our nation. With the reform of urban housing system of our nation and the...