Discussing Legal Issues Of Secondary-hand Commodity Apartment Hypothecate In China

Housing market is divided into primary market and secondary market. The former is the market of newly-developed commodity apartment, while the latter means the market of second-hand commodity market. By the reform of housing system and the development of housing modernization in our country, much progress has been made in primary market but little has been done in secondary market. Behind the prosperity of primary market, the number of vacant rooms has been increasing year after year, while there is a little space for residents to inhabit, even no room for some. In 1998, in order to stimulate the housing consumption, a notice was put up that, the State Council determined to open the secondary market by macroeconomic regulation. Alongside the constant development of primary market and the implementation of the policy for fastening the pace of developing secondary market, the number of secondary-hand commodity apartments is increasing. However, during the process of trading, most people, especially the ones who have moderate or low income, cannot pay for it once only, but by the loan of secondary-hand commodity apartment hypothecate instead. In our country, the secondary market and the rules involved fall behind the reality, which makes people not understand the legal nature of the loan of secondary-hand commodity apartment hypothecate very clearly, and, at the same time, the defects of rules lead to the party's behavior in disorder and influence their lives directly. Therefore, we believe that, it is crucial for us to approach the problems of the loan of secondary-hand commodity apartment hypothecate, which is the urgent need for legislation and solving contradiction between rules and reality. Accordingly, after the analysis of the loan of secondary-hand commodity apartment hypothecate, choosing some issues to discuss, which are most obvious and result in most problems in real life, such as the legal nature of the loan of secondary-hand commodity apartment hypothecate, the relationship between the contract of second-hand commodity apartment and the registration for transferring, and transferring the hypothecated commodity apartment. Mabey it can contribute to the improvement of the system of the loan of secondary-hand commodity apartment hypothecate.