| With the economic activities, the guarantee system starts to focus more on real rightsfor security financing function; our current law has made it clear that the construction inprogress can be used as collateral. The mortgage of construction in progress in the realestate mortgage has been used more and more, and it is also used more and more widely inthe social practice, but there are many hidden risks in construction in progress mortgage,especially commercial bank’s rights have been produced impact. Construction in progressin our mortgage system is far rfom perfect; it still seems unscientific in theory and practice.This article attempts to make a detailed analysis for future academic research and practicalrisk prevention through legal analysis and realistic operational perspectives.This paper is divided into five parts. The author firstly introduced this articl’esresearch background, research status and innovation. Then the author does sometheoretical analysis in construction engineering mortgage. The author introduces theconcept of project under construction, and analyzes its particularity and legalcharacteristics. At the third part the author sums up vairous legal risks of construction inprogress, including its own uncertainty risk, the risk in its process, mortgage registrationrisk, as well as its realization risk. At last the author mainly discusses the causes of irsksof the project under construction mortgage, and the prevention of irsk. In this article, theauthor especially constructed a new type of irsk prevention measures, preliminaryregistration, pre-registration is different from the advance notice registration or theregistration, but a way for commercial Banks to fight for the legal irghts, when the relevantlaws and regulations exist blank. This way has been in practice operation, the author is notonly hoping to get more advices, but also wanting to give some reference for the practiceifeld. At last the author puts forward personal advice about legislation. |
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