Land Use Right Mortgage

Mortgage refers to the allocation of land use rights legally get transfer land use rights of the debtor as the mortgagor, the land use right in the way of transfer of possession as the mortgaged property, the creditor is the mortgagee shall guarantee its default behavior. With the continuous reform of land system and the continuous development of social economy, mortgage as the phenomenon of financing in the form of transferred land use right, therefore both the mortgagee and the mortgagor, will transfer land use right mortgage assuming as a legal behavior, does not explore its legitimacy and rationality in the basic law level. But reclaiming implementation in order to transfer land mortgage for target, must be sure to clear the validity, way of transfer land use right mortgage problems, this is the most basic practice of mortgage and unavoidable problem. The author discussed by classification, analysis of case, comparative studies, from the promotion of fair market transactions to protect the position to discuss the validity and rationality of allocation of land use right mortgage, in order to lift the allocated land use right mortgage practice contradictions.