The Research On The Legal Problems Of "Housing Mortgage Project Funds" In Construction Project

The vigorous development of the construction industry has brought about a series of legal problems.How to correctly treat "repayment by housing" is not only a controversial issue in legal circles,but also a fight between immortals in court.Judging from the current judicial practice,the theory of repayment on behalf of property,the theory of new debt repayment,the theory of debt modification,the theory of liquidity contract,the theory of granting guarantee...Each market has its own market.Because of the influence of schools of thought,the court has not unified the referee yardstick.This also greatly increases the risk that the construction unit faces to offset with housing.In view of the above situation,this paper preliminarily discusses the basic situation of the academic circles on the legal issues related to the mortgage agreement in the introduction part.Then,starting from the case,through the analysis of the case,it draws the different judgment results and existing problems of the courts in the face of such cases.Among them,the disputes over the nature of the house mortgage,the different judgment standards of such cases,the outstanding risk-taking caused by it,and guided by the problems,summarize and summarize the representative views of the current legal circles on the nature of the house mortgage,and compare the commonness and individuality between the house mortgage and the common debt by the property.Based on this,analyze the nature and characteristics of the house mortgage in the field of construction engineering Effect.Finally,from the perspective of judicature,legislation and parties to the agreement,the paper puts forward some suggestions that the court should unify the application of law,determine the authenticity examination system of the house mortgage,and establish the notarization system of the house mortgage agreement within the framework of the general provisions of the contract law and the anonymous contract.In order to meet the social needs,the house mortgage system is the time and also necessary to be improved.