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Research On The Problem Of Segmentation Divorce"Premarital Mortgage House"

Posted on:2015-05-05Degree:MasterType:Thesis
Country:ChinaCandidate:S SunFull Text:PDF
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This is an era of soaring house prices, many people choose to buy housingloans. If one of the spouses before marriage through the purchase ofmortgage loans, married couples to repay loans, and real estate certificates in the marriage of the circumstances, the divorce of mortgage housing ownershipand value of the house on the marriage usually become the focus for thehusband and wife. But China’s "marriage law" and the judicial interpretation of the Supreme Court has no clearly defined, which leads to the local court to make a different case in judicial practice, even in the same region "some sentenced" situation. But this question in the theory circle has no unified understanding. This paper attempts to analyze the mortgage purchaseprocess, combined with the "real right law of the people’s Republic of China"(hereinafter referred to as "property law"),"the people’s Republic of ChinaContract Law"(hereinafter referred to as the "contract law"),"the people’s Republic of China Marriage Law"(hereinafter referred to as the "marriage law"the relevant provisions, draw) housing mortgage in divorce ownership andvalue-added part of the division of marriage mode. This paper consists of four chapters, systematically studied the housing mortgage before marriage in divorce ownership and the division of the problem.The first part is an overview of China’s current marital property system and the basic concept of mortgage loans, which lays a theoretical foundation for the analysis and review of the follow-up.The second chapter mainly aims at the controversial focus of the first chapterout the analysis for further argument. A detailed analysis of the present stagein the face of problems in this field, and combined with the relevant law,detailed analysis such as mortgage buy a house belonging to the marriageproblem and did not get the compensation property party. At the same timediscussed regarding the nature of this kind of value-added part of the housingand segmentation, segmentation provides theoretical support for the proposedformula.The third chapter of the Supreme Court being drafted "about’ the people’s Republic of China Marriage Law’ interpretation of several issues (three)"(hereinafter referred to as the "marriage law interpretation (three)") at various stages of the draft for comments on, analysis their advantages and disadvantages, finally according to the problems exposed in the marriageHousing divorce. Segmentation approaches are put forward reasonable. The fourth chapter proposed several suggestions to buy a house before marriage mortgage loans to the correct processing, and sums up the value-added part of the housing division formula.
Keywords/Search Tags:principle of liability, fault-liability, presumed-fault regulation
PDF Full Text Request
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