Sale Of Commercial Housing Mortgage System

The mortagage of presold merchandise buildings is a kind of guarantee for the housing loan.On the one hand,it has a very tight relation with the life of the people;on the other hand,it will influence the stable development and prosperity of the real estate market and money market.But the provisions of the presold merchandise buildings in the laws of our country are too simple.There are still a lot of disputes of its character among scholars and the different lenders deal with this business in different ways.The writer of this article study the mortagage of presold merchandise buildings,hoping to help to perfect the provisions of the mortagage of presold merchandise buildings.First, the writer begins the article with the summarization and the definition of the mortagage of presold merchandise buildings. The mortagage of presold merchandise buildings refers to the behaviors that the buyers mortagage the abuilding buildings to the lenders as the guarantee to pay their debts after they pay part of the price while the lenders will pay the rest of the price.The writer also points out the origin, characteristic and function of the mortagage of presold merchandise buildings.Second,the writer discusses the theoretical orientation of the mortagage of presold merchandise buildings,pointing out that the mortagage of presold merchandise buildings is a kind of droit mortagage based on the expectant ownshipo Since the buildings have not been constructed yet when they are mortagaged,the mortgagers(eg.the buyers) have not had the ownership of the buildings but have the expectant ownship of the buildings.The buyers have the right to request the ownship of the buildings from the builders,the preselling registered system make the droit has the character of the ownship so this expectant ownship can be mortagaged.Third,the writer studies some aspects of the practice of the mortagage of presold merchandise buildings in the third part and gives some advices on the regulations of the procedure of the mortagage of presold merchandise buildings especially the qualifications of establishment, the corpus of the law relation, the achieving and the termination of the mortagage.Forth, the writer forcus on the comparative study of the mortagage of presold merchandise buildings and other relative systems. The mortagage of presold merchandise buildings is able to meet the needs of the development of the real estate economic and matches the situation of our country.At last,the writer discuss the way to perfect the the mortagage of presold rchandise buildings and makes some suggestions on standardization of the procudure of the mortagage of presold merchandise buildings, perfect of relative law system and establishment of the mechanism againsts risk.