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Mortgage Insurance, A Number Of Legal Research

Posted on:2011-04-30Degree:MasterType:Thesis
Country:ChinaCandidate:Y Y HongFull Text:PDF
GTID:2206330332458509Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Housing mortgage loan is one form of guaranteed loans that the house purchaser gets loan from the bank for money replenishment, while also mortgage the purchased house to the bank for ensuring the repayments of capital and interests. This consumption pattern is very popular in developed countries, and greatly promoted our real estate market after it's introduced into China in 1990s. To secure the loan, the borrower is normally required to buy mortgage insurance when gets the loan. As a financing tool, mortgage insurances contribute to secure and smooth the housing mortgage loans, and diversify banks1 risk exposures. Currently, banks mostly set the rule that house purchaser must buy mortgage insurance at named insurance company while applying the mortgage loan.This paper briefly discusses some law issues about mortgage insurance, as well as the problems arise in legal practice of mortgage insurance in China's actual conditions, and also researches and analyses the basic theory of mortgage insurance. As the mortgage insurance designed by our insurance companies is not quite perfect and can not satisfy the needs of market economy developments commendably, so it is very essential for us to take advantage of overseas successful experiences, combining with China's actual conditions, to improve relevant laws and regulations, the finally establish a mortgage insurance system that is suitable for our actual conditions.Chapter 1 mainly discusses the basic theory of mortgage insurance. First of all, it introduces some concepts relating to mortgage insurance, describes concepts of mortgage and mortgage insurance, including their relationship. Through analyzing the risk in process of mortgage, it researches the necessity of emergence and presence of mortgage insurance. And then, the subject called mortgage insurance system, is defined from aspects of categories, insurable risks etc.Chapter 2 analyses mortgage insurance contracts from the perspective of contract laws. Because these contracts involve many legal relationships, there are many arguments about subject, object. Through discussing these arguments in details, the relationship among mortgage insurance, loan agreement and insurance cooperation agreement is clarified further.Chapter 3 discusses a number of legal issues in the practice of mortgage insurance. It carries on analyzing from three controversial questions:the legal application of mortgage, the insurer's Plea, and subrogation.Chapter 4 addresses the issue of improvement of mortgage insurance in China and raises some thoughts about it from aspects of the improvement of law systems, the standardization of insurance terms and government's supervision.
Keywords/Search Tags:mortgage insurance, guarantee insurance, Plea, subrogation
PDF Full Text Request
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