Research On Pre-sale Of Commercial Housing Mortgage

"The retention or abolition of war" of commercial housing pre-sale system, which has existed for more than a decade without a conclusion. In my opinion, pre-sale system, not be "a waste of the" so simple. Because it involves the interests of all aspects of disputes, accompanied by a large number of social, economic and livelihood issues must be resolved. Comprehensive consideration of the pros and cons of pre-sale system, China's real estate industry in which the initial stage, as well as economic and social development, specifically the status quo, "reservations system and make perfect pre-sale of commercial housing" more suited to China's specific conditions present.And the Hong Kong region, the mortgage system in comparison, one can see, our reason for pre-sale of commercial housing mortgage system endless stream of problems traced back, not with the pre-sale system itself, but rather China's relevant supporting system is imperfect, and only The system also due to poor implementation, which is the system-level reasons for that; Deeper reason is the sale of commercial housing system of the main parties involved in the allocation of risk between the extreme imbalance caused. Law as the benefits of the adjustment mechanism, it should serve all parties in a reasonable allocation of risks, balance the interests of all parties should.Sale of commercial housing in the sale of the buyer interest in the contract as the housing options for the financing of economic exchanges as collateral, has a "Property Law" to be sure, looking forward to the right of registered commercial housing in the economic and social development so as to gradually appear and development of the object of the contract as collateral for the creditor to make the realization of collateral.Mortgage system as the "King of security" in the sale of commercial housing plays a pre-conditioning system involves developers, lending banks and the buyers who would the role of the tripartite balance of interests, is the sale of our current legal system to solve the system appears the problem of the most viable option.This paper would try to pre-sales of commercial housing in the mortgage system as the title, using systematic research methods, not just from a legal but a balanced one aspect of economic development, social stability and people's livelihood, and political and other perspectives to explore the sale of commercial housing in the mortgage. The role of the system, historical evolution, the establishment of mortgage, registration, implementation and refinement in order to be able to run in the settlement of pre-sale system, the problems in the process of playing its due role; in conflict resolution system design and risk allocation , there are also, as some scholars not only to buyers who just stood vulnerable position, completely suppress or even block the real estate developer living space until the abolition of commercial housing pre-sale system, and ultimately undermine the interests of buyers, but rather standing reservation sale of commercial housing and make the sound operation of the system height, both to protect the interests of buyers, but also to take into account real-estate developer and loan interests of the banks, so that the tripartite unified in this mutually beneficial win-win sale of commercial housing design of the system and operation for China's socialist market economy and improve the play its due role.