Real Estate Mortgage System

In recent years,along with China's reform of the system of land use rights and real estate development,real estate mortgages as a way effective use of real estate and financing risks and preventive measures widely used.Real Estate Mortgage is a typical form of a mortgage,the mortgage should be strict legal restrictions,it must not be arbitrary,a legal blind spot.October 1,1996 implementation of the "People's Republic of China Guarantee Law," January 1,1995 implementation of the "Urban Real Estate Management Law," March 16,2007 the Fifth Session of the 10th National People's Congress adopted the "People's Republic of China Republic Property Law "and this policy has made more systematic provisions,in particular the" security "of real estate collateral done a more detailed legal provisions,but the provisions are still imperfect,uncertainty over,and even some of the provisions of law and property rights conflict to be revised and improved.This paper from China's real estate status of the relevant legislation,the foreign real estate mortgage through a comparative study of the system,combined with "Property Law" on the real estate collateral,as well as the relevant provisions of the judiciary in the real estate practice of the real estate collateral on the Judiciary dispute,which focused on China's real estate mortgage system on the shortcomings.This paper describes and analyses the real estate mortgage system of civil law,common law real estate mortgage system,China's real estate collateral concepts and features,the creation of real estate mortgages, real estate mortgages and mortgage registration contracts, real estate Mortgage Registration the legal effect of the real estate mortgage registration system defects and perfect,the rights of real estate mortgage,and real estate mortgage the rights,the realization of the right real estate mortgage, real estate mortgage system through research,the clear Code of real estate mortgages and the right to lease,and other mortgage question of the relationship and,in conjunction with China's national conditions,to improve the real estate mortgage specific legislative proposals to promote China's sustainable and healthy development of the real estate industry.