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Study Of Commercial Bank Real Estate Mortgage Legal Risks

Posted on:2006-02-23Degree:MasterType:Thesis
Country:ChinaCandidate:J C ZhuFull Text:PDF
GTID:2206360152985127Subject:Law
Abstract/Summary:PDF Full Text Request
This article , from the view of commercial bank, analyzes the law risk arising from the operation of  mortgage system, and the obstruction to the protection of the commercial bank obligee  using the mortgage system, and bring forward the solving scheme to solve this problem and then to achieve the real value of mortgage to protect the lawful interest of commercial bank who as  obligee. This article is a practial  research, for all law systems need be verified by the practice, and then it can be said as an eligible law system, so in the present law environment, firstly, this article gives analysis ,research and exploration on the risk arising from the running of mortgage system of commercial bank. And combining the question put forward from this article, this writer thinks we should perfect the mortgage system by the way of the cooperation of legislation( perfect explaining the law and statute interrelated to the mortgage system)  judicial and administrative bodies. Then solve the problem in the instauration of mortgage registration and realization of mortgage as a law system and  try to give a settlement. Chapter 1 is the part of basic theory, this chapter analyzes the relationship between the commercial bank operation and the housing mortgage institution. This chapter demonstrates the close link between the risk of real estate mortgage and financial stability. This author proposes that the mortgage system has not attained the expected effect of the legislation in its actual operation and thus cause a lot of waste of property, so we should research the issue combining the practice in China. chapter 2 puts forward  8 different law risks arising from the period of foundation of mortgage, That is , of setting up mortgage using the property of minor; of the protecting of habitation of citizen; of the existence of mortgage and guaranty the same time; of the selling of mortgage property to the third party; of mortgage contract of maximum amount; of  the  void of  mortgage contract arising from bankruptcy. Chapter 3 analyses that the registration and evaluation  which are not emphasized enough but with close link with housing mortgage influence the real estate mortgage. For the embodiment of realizing the using value of mortgage property and the mortgager using it by itself or renting it, Chapter 4 analyzes the legal risk of the two aspects. Chapter 5 gives systematic analysis to the constructing projects mortgage for it is a most important part of real estate mortgage.. Chapter 6 analyzes the law risk on the realization of mortgage right, mainly the legal priority in satisfying claim , the law procedure on the realization of mortgage right and also the influence to the realization of mortgage right when the mortgage property becomes the asset for paying the debt.
Keywords/Search Tags:housing mortgage, mortgage right, commercial bank, law risk
PDF Full Text Request
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