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The Legal Dilemma of Mortgage System

Author: ZhaoJinWen
Tutor: LiuShaoBin
School: Lanzhou University
Course: Legal
Keywords: Earthquake Mortgage Force majeure Personal bankruptcy system
CLC: D922.282
Type: Master's thesis
Year: 2009
Downloads: 205
Quote: 1
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Abstract


\theoretical discussion of practical significance. On the legal nature of the mortgage, academic controversy. Mainly related to the legal relationship mortgage buying and selling homes, loans, mortgages, guarantees and other legal relations. Under the current legal framework, according to the law after the delivery of housing, mortgage houses in the earthquake damaged by the buyers bear the consequences; mortgage contract modification to perform; loan contract may be delayed performance disclaimer; But mortgage debt itself is not exempt. Therefore, buyers should continue to fulfill the repayment obligations under the contract. This is from a legal point of mortgage conclusions. But for ordinary buyers who, when the earthquake causing heavy losses to their property and are unable to repay, the mortgage loans have become an untreatable asked legal questions. Application of the system of force majeure circumstances change and the introduction of the principle of judicial practice at the institutional level and the operation has run obstacle. Legal Deficiency due mortgage, blank, buyers, developers and difficult to reconcile the conflicting interests of the banks, especially the disaster area the majority of buyers who can not get rid of a heavy debt burden; For the formation of the government and the courts enormous pressure. In essence, the plight of mortgage loans but mortgage system essentially facing legal difficulties. Including personal bankruptcy system and earthquakes and other natural disasters, lack of insurance, including the relevant legal system defect is causing problems facing difficulties mortgage disaster institutional reasons. After the earthquake, the problems faced by mortgage loans, under the existing legal framework in the country is difficult to be properly addressed, necessary for the state, the parties joint efforts of the whole society, especially the government's emergency policy measures is undoubtedly the most practical significance, but contingency policy measures are often of a special matter, does not have universal applicability. Only looking for solutions from the legal system level approach to establish long-term mechanism that has the fundamental significance. Therefore, I believe the state should deal with the timely introduction of specific norms especially as the immediate emergency measures, and then through the improvement of earthquakes and other natural disasters, the insurance system and the establishment of personal bankruptcy system to respond to possible future similar natural disasters. This paper is divided into three parts: the first part of exported cases triggered by the earthquake mortgage housing problems; second part of the analysis from the legal aspects of the legal nature of real estate mortgage loans, houses destroyed in the earthquake should continue after the repayment of mortgage loans, our mortgage institutional response to the enormous difficulties faced by disasters and institutional reasons; third part deal with the problems put forward to solve the path.

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CLC: > Political, legal > Legal > Chinese law > Financial Law > Trust, Credit Act
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