Collateral Laws Of Construction In Progress

The mortgage of buildings under construction (MBUC) is the development of the mortgage of the traditional civil law . Because it has advantages of accelerating the fund flows and promoting the fund to circulate,can meet the bank's need to increase the loan and the developer's need to expand money for construction, it is widely used in practice . However,there are some defects of the mortgage of real estate in China ,and MBUC is a new field , there are still some conflicts between legal theory and operational practice of MBUC. In connection with the legal issue of MBUC in China,the author have trid his best to discuss it in the essay. This essay consists of four parts besides preface and conclusion.The first part,general introduction on MBUC. In this part,the author gives a short presentation of the development of mortgage and concludes the basic pattern of it. And then, outlines the concept of MBUC and it'legal characteristics. On this basis, through analysing the conflicts between MBUC and the mortgage of traditional civil law, and combining overseas relevant legal system for referencial use, the author think about the legal principle foundation of MBUC.The second part ,the establishment of MBUC. Firstly, the author makes a introduction of the mortgage contract of MBUC, states the limitation on the parties of the contract, points out the special contents of the contract,and focus on careful analysis of the value of the subject matter.Secondly,with research on present condition and defect of registeration of MBUC,the author raise judicial methords to improve the present situations. Finally ,the author analysises some problems easy to present in establishing MBUC, and then thinks about its solutions .The third part ,the force of MBUC. To begin with, the author make a deep analysis of the range of the creditor's rights, related subject matter and the force to the parties in contract.Then the author focus on definition of sbuject matter of MBUC. Secondly , the author makesrespective statement of two kinds of rights which get involved conflict easily,and put forward his opinion on their relation to MBUC.The fourth part, the realization and extermination of MBUC. In this part, the author narrates the limit of the implementation of MBUC and the conditions of it's realization,also talks about the manners of it's realization and suggests more freedom for the party to choose manners.Finally,discusses the means of remedy and the termination of MBUQproposes introducing the subrogation in order to fully remedy.Conclusion. On the basis of analysing the question in legal angle from theory and practice , put forward the content to perfect that theoretical research and legislation of MBUC of our country in the future should focus on .