Research On Risk Prevention Of Creditor's Right Of Bank In Chinese Mortgage On Futures House

Mortgage in our country is a new business. There are some researches in China, but the domestic research of risk prevention is few. Mortgage is not a formal legal term in China, and the regulation is scattered. The operation of mortgage is not standard, resulting in the parties of mortgage facing great risks. In order to guard against the risk of mortgage bank debt, as well as to China's real estate market and healthy development of the mortgage system needs a standardized and institutionalized. Therefore, I believe that the issue needs to legal research, formulate relevant laws and rules of practice for Chinese mortgage operations provide a legal basis for the prevention of its risks. I believe this to China's reform of commercial banks risk prevention, the protection of creditors is a certain theoretical value and practical significance. This paper is divided into three chapters to conduct a systematic exposition.Chapter one mainly discusses creditor's right of bank in mortgage on futures house. Mortgage is different between common law and Chinese law. Mortgage is in accordance with the mortgage system to the design in China. Description of the main creditor banks of the rights, fundamental rights, and mortgages are secured creditors and guarantee the right of the right. Analysis of the risks of banks is the fundamental analysis of the risk of bank creditors, the banks of the fundamental rights protection mechanism is on the banks of the claims preventive mechanisms.Chapter two mainly discusses various risks of creditor's right of bank in mortgage on futures house. One of the main risks can be divided into legal risk, business risk and force majeure risks. Specifically including the legal nature of the mortgage unknown risks, construction of the risk of price priority, collateral disposal risks, changes in interest rates risks, passive people purchase mortgage default risk and the risk of devaluation, and so on.Chapter three mainly discusses risk prevention of creditor's right of bank in mortgage on futures house. First of all developers were against fraud, a contract for the sale disputes, people buying houses, and other risks of violations of the corresponding legal arrangements and law applicable in a number of contradictions and conflicts was the topic discussed. And then focus on the insurance and securities, such as risk diversification mechanisms to prevent bank claims the role of risk. The author of the practice of mortgage on futures house insurance system faces a number of questions to the legal answer. By the banks should be the first insurance to the identity of the person involved in insurance law, and called mortgage on futures house mortgage insurance system should actively learn from foreign experience of developed countries, expand the scope of liability insurance. The author also discusses the role of the securitization of creditor's right of bank in risk prevention.