On China's "Equitable Mortgage" And The Dispute Settlement Mechanism

Real estate mortgage is a new product in China, for the lack of experience and relevant law without explict stipulations, especially the "uncompleted" mortgage makes the situation particularly complex because it involves the pre-sale of real estate. In the meantime, the lack and delay of legislations result in many irregularities and a great number of legal disputes during the operation of such system. The paper firstly gives a general review of the equitable mortgage on meaning, origins and characteristics of the basic theoretical issues , on this basis, giving a detailed systematic exposition of the equitable mortgage on collateral repeat mortagage problems, mixed common security issues, insurance issues, changing mortgage, early repayment problems in various forms and dispute resolution and methods. Then analysis of the multiple root causes of equitable mortgage disputes and also put forward some constructive suggestions for perfecting China's equitable mortgage system: Establish equitable mortgage is a new type of security interests, Transform the pre-sale registration system of of commercial housing to pre-registration system and give it prospective Real Effect, Rational design the dispute parties of equitable mortgage in the proceeding and etc, hoping to play the guiding role for equitable mortgage in practice.