On The Legal System Construction Of The Reverse Mortgage

Population aging has become a global social problem. According to the fifthcensus data in2000, China entered the ranks of the aging countries.However, due toChina’s social security systems are still inadequate, the lack of social public pensionresources, add "four" families and empty-nest families in large numbers, making thedifficulty of children pension increase, pension issues facing huge pressure to seek anew pension model.In this context came into the reverse mortgage loan systemundoubtedly provides a new way of financing for the elderly.Many people jointogether their life savings to buy a house in their old age convert cash loans, not onlyto protect the elderly a sense of security, and to improve the quality of life of olderpersons, but also reduce the pressure on social pension, promote social harmony andstability.The successful operation of the reverse mortgage loans in foreign arousedwidespread concern in our community, some domestic large and medium-sized citieshave launched initiatives similar to the reverse mortgage.Housing in our country hasits own rate of increase, the real estate market increasingly active urgently seekfinancial innovation and financial institutions provides the feasibility,to build withChinese characteristics of the reverse mortgage system.This article mainly divides into four parts.The first part mainly introduces the construction of the legal basis of reversemortgage system in China, Established based on mortgage said as the theoreticalfoundation of the reverse mortgage loan, after analyzing the difference between thereverse mortgage system and the system of housing mortgage.The second part mainly introduces the main body of the reverse mortgage systemin China, reverse mortgage as a introduction of system on the base of draw lessonsfrom American successful experience should have their own characteristics in ourcountry, we should define the legal relationships involved in the reverse mortgage.The third part mainly studies the reverse mortgage of the subject matter, foreigndemands of reverse mortgage housing subject matter is the borrower to own property,because of the special land system in China, urban residential is used to apply for mortgage nature there is no problem. But rural residential and urban incompleteproperty right can become the reverse mortgage loan guarantees for the subject matter,and the duration of the problem of urban residential construction will be the researchfocus of this chapter.The fourth part mainly studies the rights and obligations of the reverse mortgagesubject.,Any kind of legal relation exists in the corresponding rights andobligations.Only aware of their rights and obligations of the parties in order to betterparticipate in the reverse mortgage and promote the continued development of thereverse mortgage system.