Mortgage Legal Issues In Construction In Progress

The operation of the market economy, the economic transactions of real property mortgage is used in very high frequency . Real estate property as the main form is the most common collateral. Rapid economic growth rate soared to promote urban and rural construction, promote the active development of the real estate industry. Under this background, the mortgage of building under construction(MBUC) as a special form of real property, the value of MBUC in real estate and the overall volume in the stock has increased the proportion of the growing trend. Of course, MBUC has widespread in the social practice as one of the important real estate mortgage ways. However, due to the development of our real estate mortgage system is not perfect, MBUC still has its deficiency in the theory and practice. I try my best to discuss these issues of MBUC. This essay consists of five parts besides preface and conclusion.PartⅠ:general introduction on MBUC. In this part, I give a detailed presentation including the conception, the legal characteristics, and the legal mortgage basis of MBUC .Through analysis of the similarities and differences between MBUC and the traditional collateral material ,I brought forward my opinion ,that is:MBUS is reasonable. On controversial issues, I cited some the scholars articles and viewpoints to compare, and put up the view I agreed with .PartⅡ: the legal provisions of MBUC. In this part, firstly introduced the law about MBUS in China.Then I introduced the legislative provisions in foreign countries. In this part, I classified the the legislations style into two parts according to the different countries and the different styles, these two part are intergalism and separatism.And I separately introduced these two parts . Finally, the combination of the above, compared the system at home and abroad, which are the German system of collateral circulation and Japan consortium mortgage system,I put up my suggestion to learm from the abroad.PartⅢ: the legal issues during setting the right of MBUC. In this part, mainly on two issues: the course of the MBUC and the value determination of the MBUC when is mortgaged. For these two issues, I first introduced the current legal norms about the MBUC of the time limit and the assessment of the collateral value .I connected the the existing provisions with the reality , leading to the practice problems ,and proposed solutions and recommendations.PARTⅣ: the legal issues during MBUC registered. In this part, at first ,I introduced the legal regulation about the current mortgage on real property registration and the special provisions on the registere of MBUC. Because of the existing provisions, there are urgent problems both in theory and in practice.Thus I begin to find out where the problem lies, and to propose solutions to problems proposedPartⅤ: legal issues of the realization on MBUC. In this part,I focus on introducing two issues, namely the preference receiving rights of the payment and the mortgage of pre-sale merchandise building construction conflict with the right of MBUC. In recent years, many scholars pay attention to these two issues.They give out articles to debate and to bring forward their ideas and suggestiongs. I present my own views in this paper based on the theory and practice.