Try To Talk About The House After The Earthquake Loss Caused By The Loan Contract

Since the “5·12” earthquake in Wenchuan, the problem that the homeowners fulfillthe loan contract after the loss of houses has been the social fouce, and has caused a bigdiscuss in the finance field and the law field. Today, it is still not the end. Many legalscholars put forward their legal opinions, make the legal analysis, and seek the solusionson the basis of theorys of law.The problem of the performce of loan contracts after the loss of houses caused byearthquake is so hot, not only because it is a practical problem to be solved, the morebecause it points out some defects and loopholes in laws, including the explanation oflegal application, the absence of the earthquake insurance and the lack of personalbankruptcy system. Besides, it plays an important part in establishment of the law systemin the defence and responce to earthquake. So, the paper includes the fallowing three parts:Chapter1: on basis of the introduction of a typical case in earthquake of Sichuan, thepaper puts forward the problems of the performce of loan contracts after the loss of housescaused by earthquake, discusses and analyzes the solusion thoughts and policies of banks.Chapter2: according to the legal analysis of the performce of loan contracts after theloss of houses caused by earthquake, the legal responsibility and risk deflection aredetermined. And the paper points out the defect of force majeure and the application ofprinciple of changed circumstances, and nanlyzes perform obstacles of the loan contracts.Chapter3: in the views of the Perform obstacles, the paper puts forward the reliefapproaches and ideas, including perfection of the earthquake insurance and the establisionof the personal bankruptcy system.