Legal Issues Of Real Estate Securities Research

Originated in the USA as a new kind of financial tool, Real Estate Securitization has solved most of the problems effectively the real estate industry and financial industry are faced with in the USA. Now it has become the tendency of the development of real estate industry and financial industry worldwide. Nowadays, due to the difficulty the real estate industry and financial industry are confronted with in China. Real estate securitization is just the right way out Few scholars have made a systematic research on the legal problems securitization will encounter in China so I aim to do some deep research in this field in my thesis. I will deal with the significant issues in the process of securitization under current legal system in China. Including legal problems on property, SPV, credit enhancement and assessment, Jusrerem, collateral law, bankruptcy law and trust law and then solutions to these problems.There are three parts in my thesis. In the first part, I make a brief introduction to real estate securitization, including the definition and origin, the development of it in the developed countries types and their characteristics process and functions of real estate securitization. In the second part, I mainly analyze the necessity and feasibility on the practice of real estate securitization in China, I discuss the first question from the angles of the problems in the real estate market in China, solutions to them and benefits the securitization will bring. Then the thesis proves the feasibility of securitization in China from the angles of what kind of external environment and legal system securitization operation needs, favorable reality and legal system if securitization is carried out in China now and then deficiency existing in external and legal systems that need improvements.The third part is the crucial part of my thesis. In this part, I analyze the conflicts existing in the current laws related to securitization in China including legal problems on property, SPV, credit enhancement and assessment, bankruptcy law and trust law and then solutions, to these problems. Problems on property in China now are restricted titles and restriction on circulation, which break the integration of the transaction market the securitization needs. On the...