Houses For Sale Of Mortgage Research

In the 90th of 20 century, mortgage comes into mainland from Hong Kong. With the revolution of the commercial building, as being a financing guarantee of housing, mortgage is revealing the validity itself since it appears. This thesis takes the mortgage of marketable housing as the reach object and adopts the comparative method to analyze the topic from both theory and practice angle. Through the analysis of the conception and evolution of the mortgage system, the characteristics and relationships of the mortgage of marketable housing, the writer hopes to explain the mortgage of marketable housing and provide suggestions for the practice.The thesis consists of four chapters exclude prologue and epilogue:The first chapter, an overview of the mortgage of pre-sale commercial building. As the mortgage is not a native Chinese legal concept, so that part of the Chinese characteristics in the mortgage of pre-sale commercial building based on the concept of the origin from the mortgage law countries, and then to Hong Kong, China, the mortgage law, until the Chinese characteristics of the mortgage of pre-sale commercial building on the mortgage status of the origin and historical development. At the same time, the use of the method of historical study, in the review of the mortgage system in the United Kingdom, the United States, Hong Kong and the Mainland of China, the origin and development, based on Britain and the United States, Hong Kong and the Mainland of China conducted a comparative study of the mortgage.Chapterâ…¡China's mortgage of pre-sale commercial building legal relations, legal characteristics and the nature of the law and positioning.This chapter discusses the characteristics of the mortgage of pre-sale commercial building by introducing the specific process to explore the complexity of the mortgage of pre-sale commercial building legal relations, and then introduced China's mortgage of pre-sale commercial building on the legal nature of the pre-sale of a variety of views exist, and then compared the mortgage of commercial building with the real estate mortgage,rights pledge and alienation surety one by one.First,the analysis of the mortgage of commercial building with the real estate mortgage.They are different in the loan goal,the scope of secured object,the operation way,participating parties.But these differences are only in the form,if two forms of significant differences can compromise,then it will be feasible to call the mortgage of the commercial building the real estate. Secondly,the mortgage of commercial building is different form rights pledge. The author believes that the right of expectations for the nature of a property right which based on the purchase of pre-sale commercial building is more appropriate. So there is no basis in accordance with the rights pledge.The pre-sale mortgage of commercial building of China's practice also does not involve the transfer of housing ownership."Property Law"and"Guarantee Law" don't expressly provide the right of expectations can be used as the subject of the rights of pledge. In my opinion, the mortgage of the commercial building which operated in the form of rights pledge is not realistic.Third,analysis the mortgage of the commercial building and alienation surety. In some respects there are similarities with security and the mortgage, but in the establishment of the purpose, subject, object, subject matter, the entry into force of the realization of the right conditions there is an obvious difference.And the alienation surety has many drawbacks. So, I thought it is not necessary to let alienation surety alone. Finally, the pre-sale mortgage commercial building's legal position. The author believes that the expansion of the current real estate collateral in the subject matter of the scope improving real estate registration system to provide a security interest in a wide range of forms based on the pre-sale of commercial building mortgage is feasible.Chapterâ…¢, the practice problems and solutions of the mortgage of commercial building. This chapter in view of the mortgage of the commercial building still does not have in the Chinese civil law,but in practice the mortgage of the commercial building is complex,and cause many disputes,and often involve the disputes in the whole mortgage process. For the issue of early repayment, the author first analyzes the actual situation, the bank will not have loan losses. And then from the "Contract Law", sub-contract on the loan, the advance payment is a proper law. At the same time from the "Contract Law" General on the fulfillment of the provisions in advance, the advance payment is permitted. Finally, from the principle of good faith, the bank does not accord with some of the rights and obligations of the principle of reciprocity. Therefore the author proposes that under the premise of legitimate, if the banks charge the appropriate costs for the borrower to accept, not only to protect their own interests, but also reflects the concern of the borrower, it will be a relatively sophisticated mechanism for business operations.Secondly, for the registration question. In practice, between buyers and produced in house to serious "information asymmetry" and produced in house to "moral hazard" of a large number of the existence of real estate pre-sale buyers legal relationship as a party, their interests are vulnerable to abuse. In order to avoid the occurrence of such cases, introduced in 2007 the "PRC Property Law" provides for the advance notification registration system. The advance notification registration system has preserves this position,preserves the right,early warning and the bankruptcy protection effect. Therefore, the registration system through the establishment of notice can be a good solution to these problems. The author first introduced the public pre-sale registration of commercial building mortgage system and another for pre-sale mortgage of commercial building of home ownership in the process of registration has been analyzed.Chapterâ…£, the improvement of China's mortgage of pre-sale commercial building. This chapter based on the first three chapters of the pre-sale legal ownership of real estate mortgage, as well as the discussion of the problems in the practice of pre-sale system to improve commercial mortgage proposals. First of all, clearly defined laws and regulations on pre-sale of the legal nature of the mortgage of pre-sale commercial building.Secondly,with the introduction of the mortgage of pre-sale commercial building insurance practice, the parties effectively spread the risk. Finally, counsel should be actively involved in the process of the mortgage of pre-sale commercial building loans and played the role of risk prevention.