Research On Legal Issues Of Reverse Mortgage

With the aging situation in China continuously accelerating, the burden of social old-age pension is more and more heavy, so that how to solve the pension funds becomes an urgent issue. Against our country "old but not rich" condition, the introduction of reverse mortgage which is an exotic is inevitable.In this paper, we try to study reverse mortgage loans from a legal point. At first we start with the general theory of reverse mortgage system and understand the basic meaning of reverse mortgage, then analyze the related legal relationships. We also compare the reverse mortgage system with the mortgage loan system and current mortgage system in China. Second, we analyze the necessity and feasibility of the introduction of reverse mortgage system, includes the following three sides: Realistic basis of reverse mortgage system in China; Practical significance and basis of reverse mortgage system in China; We analyze the feasibility of reverse mortgage system in China. Third,we try to build the reverse mortgage system under alienation guarantee theory, which is the core of the thesis. In this part, the author initially introduces the concept and characteristics of alienation guarantee system, and then compare the similarities and differences between alienation guarantee and mortgage. Subsequently the author demonstrates the comparative advantage for construction of the reverse mortgage system under alienation guarantee theory. At last we propose several specific design ideas for practising reverse mortgage system in China.In this paper, we absorb useful experience and successful practice from western countries, and put forward specific design ideas for the introduction of reverse mortgage system, with a view to playing an introduction role for China's practice.