Research On Legal Relation Of The Third Party Mortgage Contract For House-for-pension Pattern

China has stepped in the aging society formally now, and the issue of supporting the old people is a severe social problem and an inevitable challenge to create harmonious society. Therefore, it is necessary to expand and develop a new supporting model for the aged. It is feasible to solve the issue of supporting the aged by way of the third party mortgage contract in house-for-pension pattern and the representative is the “Happy Tree for Supporting the Aged” in Jingong Supermarket. It develops successfully and is of great and practical significance. It is necessary to discuss the relations of rights and obligations of parties involved in the contract from the angle of the third party mortgage contract in house-for-pension pattern.In this thesis, it starts with the concept of the third party mortgage contract in house-for-pension pattern and describes the specificity of mortgager, viability of house ownership and resident right and stability of remaining exchange value of the house, by way of methods: comparative analysis and logistic analysis. Besides, it further analyzes the difference between the contract and reverse mortgage contract in house-for-pension pattern.It defines that the mortgager of the third party mortgage contract in house-for-pension pattern is the old people of 65 ages or more, who have capacity for civil conduct and independent house of property right, by way of learning the regulations involving house-for-pension service from other countries and combining the current situation of the aged; the borrower should meet the following conditions that the operation time in mainland of China is over 5 years, the operating income and profit increase stably and they have good solvency. And the lender should be state-owned commercial banks.In the contract, the borrower is entitled to right to know and right of termination without any reason, and is obliged to inform, properly use the house and pay relevant expenses. The borrower is mainly entitled to rights of properly using the loan and is obliged to information disclosure and guarantee as well as the pension service. The lender is entitled to the right of mortgage and is obliged to perform information disclosure,assistance and knowledge. It is to protect the formal rights of each party of the third party mortgage contract in house-for-pension pattern by way of analyzing the theories involving rights and obligations.