Research On The Legal Issues Of Reverse Mortgage

Due to the aging problem is increasingly serious in our country, the urgent need is to increase new endowment patterns to realize the innovation of old-age security system and ideas, which will alleviate the pressure of the state, society and family endowment. Therefore, domestic major cities, like Beijing, Nanjing, Shanghai who are eager to introduce it China have carried out to the reverse mortgage, however these practices failed for various reasons ultimately. At the same time, the current research status of reverse mortgage, is mainly from sociology, economics, finance and other fields, rarely from the analysis and research on the legal results. Under this background, the author tries to study on the legal problems of reverse mortgage as the topic and focuses on the analysis of the legal issues involved in the reverse mortgage scheme: how to guarantee the housing living rights of the old for reverse mortgage, how to build the theory of real right of reverse mortgage, whether the so-called "term of liquid " is in violation of the provisions of the terms of liquid in China,how to automatic renew after the expiration of residential construction land use right ? This paper will explore and put forward the detailed solutions of these legal problems, which will clear the legal obstacles of the construction of the law of reverse mortgage.Based on the problem consciousness above, this article will through four parts of reverse mortgage analysis and legal issues: in the first part, this paper expounds the definition of reverse mortgage and legal analysis, this article viewing reverse mortgage as not a kind of typical guarantee, and analyzing legal relationship lend, real estate guaranty law and other legal relations; In the second part, this article will elaborate the significance of domestic building reverse mortgage, relevant practice and legal obstacles, the legal obstacle in the process of constructing reverse mortgage, including conflicts with the property law, finance law and tax law in our country, of which real right legal question is the biggest legal obstacles of reverse mortgage in our country.The third part and the fourth part is the core part of the full paper. The third part expounds on the pension function in a system of reverse mortgage and residency of the docking, through the analysis of the pension function of residency system characteristic and its comparison with other related legal systems of our country to review the "living right" in reverse mortgage and its function of pension, provides a new solution of pension how to ensure that the old of house living rights a lifetime. Due to the real right law is the biggest legal obstacles of our country to build reverse mortgage, so the fourth part focuses on real right legal problems and puts forward solutions of reverse mortgage : the real right legal basis, liquid effect problem, the obstacles of residential construction land use rights. The conclusions eventually includes: mortgage should be used as a real right legal basis to construct reverse mortgage; Liquid clauses in reverse mortgage is not the liquid terms of China’s legal sense, should not use liquid terms and conditions of the relevant laws and regulations to restrict to the operation of reverse mortgage in the process of legislation as well as the business operation; The fee of housing construction land after the expiration and be paid by the financial institutions, and shall be deducted from regular payments to the old man’s loan to solve this problem, but the most important still need to relevant government departments to formulate and improve the relevant provisions of the automatic renewal as early as possible.