| Pre commodity house mortgage advance notice registration is accompanied by China's commodity house opens to booking system rise a supporting system,advance purchase a personal housing loan business to purchase in advance the commercial housing as collateral to borrow to buy homes,satisfy the buyers to purchase the funding needs of the building,and is helpful for developers to repatriate funds to continue construction investment,and thus the loan business of commercial Banks has become an important personal housing loan business.But due to the provisions of the laws of pre commercial housing mortgage system of advance notice registration is not perfect,lead to legal practice of Banks before the formal mortgage registration of advance notice registration to the mortgage house whether to enjoy the priority of compensation with respect to that,not only causing confusion in the judicial cognizance aspect,and also to the bank's personal housing loan business brings huge risk.At present,the real estate market overheating,the real estate market in short supply,some real estate enterprises can not increase the possibility of making a room on time,adding the bank on the pre commodity house mortgage business risk.To this,this article will analysis from the perspective of the realization of the bank debt purchase in advance in our country commercial housing mortgage advance notice registration law problems,and connecting with the concrete case analysis whether Banks to enjoy the priority of compensation,and puts forward some Suggestions for targeted the improvement of the legislation.In this paper,in addition to the introduction section,also can be divided into the following several parts:The first film,which was the case.This part briefly introduces a pre commodity house mortgage the typical cases of dispute of advance notice registration,summarizes the case of disputes,this paper discusses the derivation and advance commercial housing mortgage advance notice registration related issues.The second part,analyzes the evolution of purchased goods party system in China,including pre origin and development of commercial housing in our country,and advance the comparison of commercial housing mortgage and mortgage system building and purchase in advance in our country commercial housing mortgage law changes,etc.The third part is the practice of processing purchase in advance to the puzzle,commercial housing mortgage loan disputes of sorting and analyzing around the court verdict,analysis of whether there is the priority of compensation with respect to the bank then,finally points out that the legal adjustment of purchased goods lack of mortgage system.The fourth part is the practice of dealing with the purchased commodity house hierarchy related rights exercised effectiveness analysis,including pre commodity house mortgage with "construction project" mortgage,pre warning level commodity house mortgage advance notice registration and payments related to the priority of compensation,pre commodity house mortgage advance notice registration and judicial enforcement measures.The fifth part is is the summary of this paper,the main idea of this article summary overview.Suggestions of perfecting our country's pre commercial housing mortgage system of advance notice registration,this part puts forward the specific legislative intention,perfecting the protection of bank creditor's rights realize and improve the system of advance notice registration of public access to some Suggestions for perfecting. |
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