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A Research On The Law Of Mortgage Of Pre-selling Commercial House

Posted on:2011-07-02Degree:MasterType:Thesis
Country:ChinaCandidate:N ChenFull Text:PDF
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In the 90thof 20 century, mortgage comes into mainland from Hong Kong. With the development of economic and the reform of the system of the residential house, mortgage is revealing the validity itself in mainland China since it appears. Especially in recent years, mortgage of pre-selling commercial house has been developing in a rapidly rate. There are three steps about the policy in mortgage of commercial house which was promulgated by the people's bank of China. It contains support, control and stable the price. Mortgage of pre-selling commercial house is newly emerging thing, the domestic research quite few, the legal rule was blank nearly. So there are a lot of problems. The phenomenon of produce massive false mortgage to obtain by illegal purchase the bank cash and deceit the buyers has risen. At present in mortgage appears dispute more and more many, some cases are so complex. For the market of pre-selling commercial house develop healthy, the mortgage system must standardize, the law should be formulate by government immediately to avoid risks. This article through observe the mortgage in China, analysis the law issues of mortgage of pre-selling commercial house. There are four sections in this article and abort twenty-eight thousand words in it.The first chapter section of this article: The summary of pre-selling commercial house. First, from the integration of the law we have and all around files, it explains the concept of pre-selling commercial house. Secondly, it introduces the origin in UK and the development in Hong Kong. The key point is recommending mortgage system and the development in mainland China. Further make clear the concept of mortgage is the mode of guaranteeing of migrating property rights. Thirdly, through the observation of our Equitable Mortgage situation, explain the specification of mortgage to differentiate the relationship of every main parts.The second chapter section of this article: The structural analysis of law of pre-selling commercial house. It explains the legal principal analysis of commercial house. The main prove is the legal nexus and the structure of the law of mortgage. In connection with the nature of pre-selling commercial house, it introduces the different ideas of pre-selling commercial house in academic circles. Through the compare and evaluation among the pre-selling commercial house, pledge of immovables and impawn and release guarantee, pay attention to establishing the structure of the law of pre-selling commercial house. To prove that mortgage of commercial house is different from pledge of immovables and impawn and release guarantee, it is a new mode of guarantee. The mortgage here takes"two stages", it divides it into two stages to observe. The demarcation point of these two stages is: house built, acceptance and ?developers handle Real Property Ownership Certificate for the purchasers. Before the demarcation point, the legal nature of Equitable Mortgage is pledge of obligation, after this the legal nature of Equitable Mortgage is mortgage. So it should be defined a new security interest. The author advices that through the judicial interpretation or interrelated judgment, definite and approve this new security interest. Continue to summarize, then become into law.The third chapter section of this article: The risk and precaution of pre-selling commercial house that the disputing parties have. It is the most important part of this article. The risks of the bank are the moral risk, credit risk and so on from the developer, such as loan without down payment and fake mortgage. And some uncertainties from the purchasers, for example, the ups and downs of the room rent rules the activities of the purchasers. The purchasers don't know what to do when the developers lie to them and the banks overdue loan. They can't protect their own legal rights, The developers look like mighty, but the responsibility they have to undertake make them into trouble. The banks delay to handle mortgage registration formalities, it increases the risks in the mortgage for the developers. Just because of the mortgage practice, all of the legal subjects have to face the risk, but to realize their own risks are good for them to raise the abilities of risk foresight. And it is also good for increase the consciousness of risk prevention, so I write a lot about this. Every legal subject is a discussed object. I explain all the risks from the others and themselves give advices to the subjects and tell them the risk precaution.The fourth chapter section of this article: The problems and improve of pre-selling commercial house. It is about the positive effects problem of contract registration record and the limit of the function. Though the advance notification registration has remedied the defects of contract registration record, but there are a lot of problems about it. For example, operating procedure, applicable scope, the principle of disposal actions and so on. The unknowns of positive effects problem of contract registration record of pre-selling commercial house and the subpar function threatens the legal right of the purchasers. So it is necessary to let advance notification registration play an important role in practice. Complete the contract registration of pre-selling commercial house and advance notification registration are not only strengthening the protection of the purchasers, but also providing the rule basis of the realty business. It has important means.
Keywords/Search Tags:Mortgage of Pre-selling Commercial House, Risk, Precaution, Contract Registration Record of Pre-selling Commercial House, Advance Notification Registration
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