On The Sale Of Commercial Housing Mortgage System

The real estate market plays a more and more important role in prosperous market economy. With the increase of the trade of the real estate, more and more trade types, financing means, and problems are appearing, which requires the related laws and regulations to be perfected accordingly. To obtain financing by selling the apartment in advance is an important financing means of the developers, which results in the mortgage of presale apartment. Based on the situation, this text probes into the feasibility of loaning from two respects-fact judgment and value judgment and explores the measures to perfect our country's legal mortgage system of presale apartment, hoping to launching a positive impact upon the legal relation of the mortgage of presale apartment the balance of interests of different parties of relevant legal relations, the sound development of real estate market, as well as precautions against the financial risks of the mortgage of presale apartment. Besides the afterward, this essay consists of four chapters.In the first chapter, the author gives an account of the mortgage system of presale apartment, defines presale apartment, and carries on initial analysis of the origin, characteristic and function of the mortgage system of presale apartment.In the second chapter, the author analyzes the operation of the mortgage system of presale apartment, and probes into conditions, legal subject, object, content, mortgage elimination and realization etc.In the third chapter the author analyzes the comparatively common right conflicts in the operation of the mortgage system of presale apartment such as the right conflict between the developer and the buyer resulting from the former's mortgaging the presale apartment.Based on the above, in the fourth chapter, the author proposes some other measures on how to prevent and control the risks of the mortgage system of presale apartment.