| Along with the development of market economy, real estate prices have soared, mortgage house property has become one of the common choice to most of buyers, become the main form of sale of real estate. Correspondingly, in judicial practice, the dispute due to the premarital mortgage house property is more and more. this article on the basis the Supreme People’s Court on the application of "the Marriage Law of the People’s Republic of China " the several questions’ interpretation (c),the provisions of Article10, to research premarital mortgage housing ownership&reasonable compensation, aim at the questions excited in premarital mortgage housing ownership identification&compensation in judicial practice, Put forward the improvement suggestions. This article is divided into three parts:The1st part is the overview of premarital mortgage house property ownership attribution and compensation system. This part introduces the provisions of our law on premarital mortgage housing ownership attribution and compensation system; focus on the affecting factors of “premarital mortgage house property” ownership; successive analysis the influence to premarital Mortgage Housing ownership identification from following three main factors：gettime of the house proprietary certificate, purchase capital source, husband and wife’s both side special agreement; then, analysis the legal nature of housing value‐added part&affecting factors to reasonable compensation for non‐proprietary party.The2nd part points, in judicial practice, the issues existed in premarital mortgage house property ownership identification and compensation, and the adverse effects of the various issues to China’s judicial authority and dignity of the law.The3rd part presents the improvement proposal of mortgage property ownership identification&compensation mode. Contents are: to improve the basic countermeasures of the legal system, to improve the mortgage house property ownership and the specific content of compensation. |
PDF Full Text Request