On The Relevant Legal Issues Of The Mortgage Of Construction-in-progress

The mortgage plays an important role in the Real Rights for security all thetime, which can not only guarantee the safety of trading activities in the market,butalso bring into full play the utilities of res. In recent years, with the ceaselessdevelopment of social economy, The constructions-in-progress as special object havebeen often used for mortgage, such mortgage right not only has the creditor’sguarantee function, but also has the strong function of financing. The mortgage ofconstruction-in-progress has been widely recognized by the society, becomes animportant and legal financing way by the investment company of the constructionproject. In case the constructions-in-progress are mortgaged, to a certain extent, breakthrough the theory and general principle of Chinese traditional property law. AlthoughChina promulgated in2007,“Property Law”clearly provides for buildings underconstruction can be mortgaged, but due to the lack of clear provision on the conceptof construction-in-progress mortgage, the mortgage registration nature、 theregistration procedure, construction-in-progress mortgage and other rights conflicts,and there are many disputes about the concept and nature of construction-in-progressmortgage and other legal issues, and the construction-in-progress mortgages still havemany imperfections in the judicial practice of our country, Therefore, it is worthy ofour in-depth study and discussion. This paper intends to analyze and discuss therelevant problems of construction-in-progress mortgage from the two aspects of legaltheories and judicial practices. This paper is divided into four parts: The first part is about the overview of construction-in-progress mortgage. Thispart started from the definition of the construction-in-progress at first, and then baseon china’s current relevant laws and regulations on the construction-in-progressmortgage, as well as the scholars’ disputes on the concept of construction-in-progressmortgage, the author proposed the concept of construction-in-progress mortgage.finally, by comparing the construction-in-progress mortgage and the general mortgage,discussed and analyzed the particularities of construction-in-progress mortgage.The second part is mainly related to the relevant legal issues about the creation ofconstruction-in-progress mortgage. In this section, firstly the author analyzed thecritical mortgage registration, and analyzed and discussed the nature ofconstruction-in-progress mortgage registration、 the authorities of mortgageregistration and so on. secondly analyzed the scope of the mortgaged properties andthe value assessment of the mortgaged properties.The third part is about the conflict and solution between the mortgage of theconstruction-in–progress and other civil rights, including the mortgage of theconstruction-in–progress and the mortgage of the right to use construction land, themortgage of the construction-in–progress and the Contractor’s priority forconstruction fund. In this part the author will introduce the reasons and the solutionsof the conflicts.The fourth part made some recommendations on improving theconstruction-in–progress mortgage system with the reality of our country. Forexample, clearing the unified registration department of construction-in-progressmortgage, enhancing the information management of construction-in–progress bymeans of network platforms, and improving the relevant legislation and so on.