Research On The Legal Issues Of Protection Of The Rights And Interests Of The Mortgagor For The Elderly With Housing

To provide for the aged with a house,we can try to solve the pension problems of some people,give full play to the maximum utility of real estate,and meet the pension needs of the mortgagor who provides for the aged with a house.Based on the analysis of the subject and object obstacles faced by the inverted mortgagor,this paper further explores the solution to the problems faced by the inverted mortgagor in providing for the aged with the house,thus promoting the process of providing for the aged with the house in China.The establishment and improvement of the protection mechanism of the rights of the mortgagor should be based on the basic jurisprudence.Therefore,the legal basis of the reverse mortgage should be sorted out before the problems and rights and obligations of the reverse mortgage are carried out.At present,in the academic circle,the attention to the legal basis of house-for-pension reverse mortgage mainly focuses on three aspects:transfer guarantee,trust system and right of habitation theory.In order to further protect the rights and interests of the mortgagor,it is necessary to further study the legal obstacles under the existing legal system,including those not clearly stipulated by the law and the restrictions brought by the existing legal provisions.Starting from the specific legal obstacles,although it is not possible to construct the reverse mortgage system overnight,by solving the specific obstacles one by one,we can explore the protection system for the rights and interests of the reverse mortgagor that is more suitable for the existing legal system.To carry out reverse mortgage,it is more important to start from the current situation,based on the theory,and use the trust operation to remove all kinds of obstacles.At the same time,it is bound to learn from foreign experience and summarize from it,so as to dig out a more suitable system for China’s national conditions.The legal system for protecting the rights and interests of the mortgagor involved in the resale includes four aspects:the trust operation,the resale of the house for the aged,the construction of the substantive procedure,the establishment of the supervision system,and the judicial resolution of disputes.