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Study On Mechanism Of Mortgage Right Notice Registration Of Presale Commercial House

Posted on:2018-03-21Degree:MasterType:Thesis
Country:ChinaCandidate:W PanFull Text:PDF
GTID:2346330536485301Subject:Law
Abstract/Summary:PDF Full Text Request
With the development of real estate market,commercial housing loans increse rapidly.Particularly,loans for presale commercial house help people realize their dream of having a house.According to the mortgage contract between the presale commercial house buyer and the property developer,the buyer pays the down payment and pledges the unfinished house to a bank for loans,and the bank pay the balance.That is loan for presale commercial housing,which is very common.The moment the mortgage contract signed,the house is still under construction so that formal mortgage registration is impossible.The bank can only get mortgage right notice registration.Only when the commercial house is finished and the certificate of ownership is issued,can mortgage right notice registration turn into formal mortgage registration.Before the issuance of the formal mortgage registration certificate,if the buyer breaches the contract,the bank will file a lawsuit to court and demands for its priority right to the house.Whether the bank??s claims shall be supported or not? There are different views.This paper analyzes the probles of mortgage right notice registration system,i.e.the unclarificaton of mortgage right notice registration the irrationality of the transformation procedures of mortgage right notice registration to formal martgage registration,the conflictions of mortgate right notice registration and pre-sequestration registration;and then brings forward the view that though mortgage right notice registraion cannot give the bank the same effect as formal mortgage registration in judicial practice,the laws shall stipulate the priority right of it,perfect its registration procedures,and establish supporting systems such as a loan insurance system so as to better protect the benefits of creditors.The first part begins with the analysis on the theory of mortgage right notice registration of presale commercial house,introduces notice registraion??s concept,character,and validity,introduces mortgage right?? concept,character,and mortgage right notice registration??s content,and explains the features of mortgage right to presale commercial house and notice registration.This part is used as the theoritical fundation for discussion later.The second part points out the main problems existing in the mortgage right notice registration of presale commercial house.Firstly,validity problem.For now there are different views on the validity of mortgage right notice registration of presale commercial house in judicial practice,so that the bank can barely keep up.Secondly,transformation procedures of notice registration to formal mortgage registration is not so smooth that sometimes the former cannot transform to the later while other conditions all met.Thirdly,there are conflictions on priority sequence between notice registration and pre-sequestration registration.This part will also analyze the reasons leading to the problems,and hopes to give suggestions.The third part are some conceptions about how to perfect the system of mortgage right notice registration of presale commercial house,including to clarify its validity,to perfect the operation procedures,and to establish supporting systems such as loans insurance systems.
Keywords/Search Tags:presage commercial house, mortgage right, notice registration, mortgage right to presage commercial house
PDF Full Text Request
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