Study Of China's Real Estate Mortgage Legal Issues

Mortgage, as one way of guarantee, has made great contribution in promoting and developing the financial market of real estate industry in China since 1990's when it was imported to the main land. However, the meaning of this word is confusing to people in different field. This article aims to help the establishment and bettering of the legal system of mortgage in the real estate industry in China, through discussing on the related cases.First of all, speaking from the source of mortgage, the author conducted research into the mortgage system in British-America Law and Law of Hong Kong, explained and standardized the meaning of mortgage in the real estate industry in China, distinguished the different meaning between its broad sense and narrow sense, and established mortgage guarantee as the object that will be discussed in this article.Secondly, the author researched on the main body, content and object in the mortgage of the real estate industry of China, and concluded that the object in mortgage is not the house property, but the expectant to the ownership of the mortgage target, it is a property rights.Thirdly, by comparing the similarity and difference between mortgage and ownership reservation, pledge, charge and release, the author drew the conclusion that the legal character of mortgage in Chinese real estate industry orients to release.Fourthly, the author commented on the realization of the right ofmortgage, the protection of the interest of mortgager and the handling of mortgage dissension.In the fifth part, the author pointed out that reasonable releasing system is the precondition and basis of scientific mortgage system in the real estate industry. Meanwhile, the author carried out discussions on the principles that should obey and the regulations should set up in the legislation of mortgage, in addition to giving the individual idea of bettering the mortgage system in Chinese real estate industry.