| Mortgage is become a form of sell buildings, which is generally adopted in our country at present. Mortgage is origin to the English-America legal system, and it is rapid developing after be introduced from Hong Kong. It strengthens the payment ability of the person who wants to buy a house, excavates much quantity housing expense community for the house-developer, creates low risk of property investment market for the bank, and develops the real-estate transaction market. But in our country, the present laws and regulations to the system of mortgage, specially to the system of presale of commercial buildings, is still short of definite formulation. Although some place laws, administration laws and commission regulations had involve the mortgage rules, such contents also too brief to be informed, some important essentials like the legal nature and legal relation of mortgage which are uncovered. It causes lots of legal deputations and missions in practice because of shortage the law which can be quoted. This article probes to analyze the legal relation constitutions of mortgage and raises some suggestions for perfection of legislation system.Apart from the preface and conclusion, the paper falls into four chapters:The first chapter introduces the mortgage of English-America law method. Mainly introduces the England, American and Hong Kong method of mortgage as well as the present situation in our country.The second chapter differentiates some law-options of the mortgage definition, analyses the theory of mortgage, hock, right impawn and alienate guarantee, in this base elaborates the legal nature of the mortgage.The third chapter introduces the legal-relation constitutions of mortgage. Elaborates the legal-relation constitutions of mortgage and analyzes their each relation.The fourth chapter points out lots of questions exist in Chinese legislation. According to these questions, try to raises some suggestions for the perfection of legislation system. |
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