Housing Mortgage Guarantee Insurance A Number Of Issues

Insurance of guaranty derives from America.This system is mature in developed country.But it is a new theory in our country.Since city housing system reform,housing mortgage loan that banks carry out promote the development of real estate industry with increasing of risk.Referring to the foreign successful experience,our country starts to carry out housing mortgage bond insurance.The system can decrease the bank's risk,improve loaner's credit rank,result in increasing of mortgage extent and range,which make advantage of development of real estate industry.But the development of our country's housing mortgage bond insurance is comparatively lagging,this is mainly because of the divergence in the understanding about the basic legal issues of the housing mortgage bond insurance,and it is also the result of unconsummated legal system in our country which lead to the different judgment to the same or alike kind of suits.This article analyze the legal nature of the housing mortgage bond insurance through the way of discuss it original base,and define housing mortgage bond insurance relationship in law and subject of litigation problems and so on.The same time,the article tries to solute the major issues of housing mortgage bond insurance,which cause much dispute,and on the basic of it,the writer analyze how to construct a reasonable model of housing mortgage bond insurance in our country.Chapter one——introduction of housing mortgage bond insurance.The chapter is mainly about definition of housing mortgage bond insurance and history. Then writer analyzes realistic significance of housing mortgage bond insurance, point out the problem of housing mortgage bond insurance in our country.Chapter two——legal nature of housing mortgage bond insurance.There is much dispute about insurance of guaranty in the process of administration of justice.There are the following views,guaranty theory,insurance theory and combination theory.The writer expounds the legal nature of bond insurance belongs to a kind of insurance though analyzing the following four aspect, insurance of guaranty risk,risk transference system,the standard of establishment of bond insurance contract,litigant intention expressed.Chapter three——analyzing relationship in law of housing mortgage bond insurance.The chapter analyzes housing mortgage bond insurance relationship in law,discusses what is subject of housing mortgage bond insurance contract, object of insurance and profit of insurance.Chapter four——problems of housing mortgage bond insurance application in law.The legal nature of housing mortgage bond insurance is insurance,this chapter analyzes a few disputable problems in the aspect of application in law of housing mortgage bond insurance.The part clear which law housing mortgage bond insurance should apply,how to choose litigator.It analyzes mainly some problems which often appear in housing mortgage bond insurance.include dependent of contract,right of insurance company,the result of applicant for insurance lying and so on.Chapter five——construction of reasonable housing mortgage bond insurance system.Many problems are met in the course of carrying out housing mortgage bond insurance in our country,the chapter analyzes how to construct reasonable housing mortgage bond insurance to solute these problems.