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An Exploration on Disposal of Premarital Mortgaged Property

Author: YaoZuo
Tutor: FengJuPing
School: East China University of Political Science
Course: Legal
Keywords: premarital mortgage property ownership appreciation divorce disputes
CLC: D923.9
Type: Master's thesis
Year: 2013
Downloads: 43
Quote: 0
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Abstract


The real estate is a serious topic for Chinese people. It is asweet dream to own a housing property for more and more families.However, with housing property prices soaring in recent years, peoplejust find themselves sigh helplessly. Ordinary people will have tospend all of their life savings and also borrow large debts from banksjust to purchase their own housing property. On the other hand, thesociety evolves, most people’s living quality improves, people aremore educated, and attitude toward marriage has become increasinglytolerant, followed by more and more divorce cases. When love is goneand marriage comes to an end, the house problem is still there and largeloans still need to be repaid. Ownership of mortgaged property anddivision thereof will often be at issue. The promulgation andimplementation of the third judicial interpretation of MarriageLaw provide some important legal basis for the courts to try partialcases involving division of property on divorce, however, thanks to thecomplexity of real situations, there are still a large number ofcontroversies over the determination of ownership of premaritalmortgaged property and compensation of appreciation thereof, which isexactly the subject of this dissertation.This dissertation begins with a real case, analyzing the legal relationof a mortgage activity and then introducing the subject to be discussedherein from the issues at dispute in this case. The second parthereof, through the concepts of housing mortgage and mortgaged houses asits theory basis, tries to determine the ownership of premaritalmortgaged property by analyzing and classifying different types ofmortgaged properties involved in marital disputes. The third parthereof, deals with the nature and arrangement of the artificiallyappreciation of the property and the market appreciation thereofrespectively based on the previous determination of ownership ofpremarital mortgaged property. Finally, this dissertation touches on recommendations and proposals on how to perfect the legislation andimprove the judicial implementation in relation to the disposal ofpremarital mortgaged property.

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CLC: > Political, legal > Legal > Chinese law > Marriage Law
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