The Mortgagee Legal Issues Of Construction In Progress

Mortgage system as an important trading assurance system, has a very important positionin the civil law. In recent years, with the rapid development of China’s market economy, thereal estate industry has become one of the pillar industries of China’s economy, the real estatepledged as security for debt to get more and more attention because of its unique advantages.Construction in progress mortgage system, is also growing in the proportion of China’s realestate mortgage. China promulgated in2007,"Property Law" clearly provides for theconstruction in progress of the mortgagee. But because of our late start construction inprogress mortgage system, therefore, the concept of construction in progress mortgage, setconditions, the the Subject-Registration nature and construction in progress mortgage andother rights conflicts there is a lot of confusion at court In actual operation will producedifferent identified. Combined with our legal provisions for construction in progress, themortgage system has many imperfections, leading to the construction in progress mortgagedisputes practice, it is difficult to get a reasonable solution. Therefore, the study ofconstruction in progress mortgage system is very necessary. In addition to the introductionand conclusion, is divided into four parts:The first part is under construction engineering overview of the security. Mainly from thefollowing three aspects of the system are discussed in the Construction Engineeringmortgagee. The first from China’s relevant laws and provisions of the mortgagee inConstruction Engineering, leads the broad and narrow concept of construction in progressmortgagee, and expounded the the scholars for construction in progress mortgage concept ofcontroversial, to put forward their own For the understanding of the construction in progress,the concept of mortgage. The second aspect of the special nature of the the mortgagee subjectmatter of the Construction Engineering, during the stage of its value uncertainty focuses andanalysis mortgagee under construction engineering characteristics. The third aspect, whichdealt primarily in the construction project the scope of the subject matter of the mortgagee,and construction in progress mortgagee legitimacy from object.The second part is under construction in the mortgage of a project. The mortgage set ofconstruction in progress in three main areas were discussed. First, the main discussion of the construction in progress of mortgage should meet the conditions, that in those cases,construction in progress, to be able to set mortgage, which is under construction project setmortgage eligibility; second, by interpret and analyze the nature of the dispute registeredmortgagee set construction in progress and construction in progress mortgagee registrationinto the general mortgage registration should be noted that the problem proposed the supportfor the view of the author, and reasonable analysis of this point of view; Third, mortgage setconstruction in progress, two discusses the assessment of the value of construction in progressand construction in progress mortgagee party autonomy can not guarantee the debt amount.The third part is the construction in progress mortgagee to achieve legal issues. I mainlyfrom within the two areas of construction in progress mortgagee when discussions. First, theproblems in the field of pre-sales of commercial housing the inherent construction in progressmortgagee achieve. Second, the construction project price priority for repayment when therealization of the right of the field of the internal construction in progress mortgage. In-depthanalysis of more than two field the inherent construction in progress mortgagee achieve theproblem, propose a solution to the problem.The fourth part in the construction engineering recommendations mortgage system. Inthis section, I discussed the first three parts in the construction engineering mortgagee from itsset of conditions, the value of assessment and registration system perfect to put forward theirown recommendations for our mortgage system construction in progress.