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Risk Prevention System on the Mortgage Loans of Real Estate

Author: CaoJian
Tutor: XuFengZhen
School: Shandong Institute of Economics
Course: Civil and Commercial Law
Keywords: Real estate mortgage Legal nature Real estate sale Mortgage Insurance Mortgage securitization
CLC: D922.181
Type: Master's thesis
Year: 2011
Downloads: 103
Quote: 0
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Abstract


In recent years, with the reform of the housing system in China, China's mainland to take the low interest rates, positive individual housing credit policies and measures to increase the real estate developers credit, and greatly promote the large-scale development of China's commercial housing mortgage system. Mortgage system, developers, buyers and bank tripartite body to achieve a win-win: As developers, the mortgage become an important means of its real estate sales, as banks can reduce their lending risks. But the mortgage system in its legal relationship is complex, there are many risks and unreasonableness of the operation. And in practice, people for the mortgage term already very familiar with, but little is known about their intrinsic characteristics and principles of mortgage loans is a win-win pattern on the surface, although the loans by banks, real estate agency and property buyers favor of the people, but in practice the real trouble. The reason is, the legal situation of confusion and even no laws exist due to the practice of our mortgage loans. Mortgage behavior only in existing security interest within the framework of system regulation, leading to a risk of the mortgage assumed by the main parties in the horizontal imbalance, vertical or light or heavy, which will directly lead to the the mortgage disputes in the judicial practice emerging, and laws and regulations the clutter also lead to different criteria followed in the judicial practice of the various regions. These reasons a serious impact on the healthy and orderly development of China's real estate market and the real estate industry. The author is a comprehensive carding through the empirical analysis of the the mortgage legal system of China's mainland commercial housing, commercial housing mortgage legal issues, combined with the advanced experience of other countries and regions, a comparative analysis of specific aspects of the mortgage system theoretically discussed and defects, and on this basis put forward legislative proposals to build the mortgage legal system in China, the paper will be divided into chapters on this issue forth: the first chapter, the introduction. Main article topic background and research status of literature review and study the initial formation of a general understanding of the mortgage system at home and abroad. The second chapter, an overview of the basic theory of the real estate mortgage system. Analysis of the origins of the mortgage system, mainly on the development trajectory of the mortgage in the Anglo-American, and made a comparative study of Hong Kong and the mainland mortgage from a comparative law perspective, expressed their views on the nature of laws and our mortgage. The latter part of the legal relationship of the parties in our mortgage analysis elaborated. Chapter III focuses on the causes of the risk of China's Housing Mortgage and carried out a detailed analysis of the various risks in the existing system expounded includes purchase contracts starting from their own point of three main mortgage, banks, developers, insurance and mortgage rights realization of the potential risks. The fourth chapter is a law to prevent the problem of China's commercial housing mortgage risk. According to China's real estate mortgage, put forward the corresponding countermeasures for the the intervention current state of China's real estate mortgage insurance, insurance for certain mortgage insurance, the interests of the game between the parties in the mortgage insurance, This theoretically put forward suggestions for improvement of the system of China's real estate mortgage insurance. And learn from foreign real estate mortgage securitization system, combined with China's basic national conditions, based on the status and trends of China's real estate securitization of mortgages, mortgage securitization in the country is reasonably practicable.

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CLC: > Political, legal > Legal > Chinese law > Administrative law > Management Act of utilities
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