Dissertation > Excellent graduate degree dissertation topics show

Discussion about the Realization of Banking Hypotheca

Author: YaoJing
Tutor: LinQuanLing
School: Chongqing University
Course: Legal
Keywords: Mortgagee implementation Obstacle Proposal Special mortgagee
CLC: D923
Type: Master's thesis
Year: 2011
Downloads: 105
Quote: 0
Read: Download Dissertation

Abstract

Mortgage credit loans are the bank two basic form of loans. Credit loans, you can get the loans granted by banks alone borrower creditworthiness, loans without guarantee. To reduce the risk due to the risk of such loans generally carry out a detailed investigation of the borrower's management level, economic efficiency, and development prospects, banks often only provide high-end customers of good credit quality customers. In actual operation, the bank issues credit loans is very less. The mortgage can reduce the risk of borrower does not repay the borrowing, reliable guarantee effectiveness, can make a variety of credit transactions have been completed successfully, so important role in the credit industry. Unfortunately, in credit practice, the bank was disappointed to find its mortgagee difficult. This article from explore the mortgagee to achieve the basic theory problem start visits the mortgagee to achieve the legal protection system, analysis of several issues that affect the banking practice in China general mortgage implemented (including legislative, administrative, judicial, and the banks themselves aspects), for several special mortgagee separate interpretation and analysis, and asked the bank the mortgagee to achieve the reasonable proposals. This article is divided into six parts. The first part of the preface. This section provides an overview of the topics of the purpose and meaning. The second part is the mortgagee to achieve the basic theoretical issues. This section is designed to highlight the \Focus mortgagee conditions, ways and means to achieve the basic theory mortgagee. A more detailed description of the three conditions: to achieve by the mortgagee mortgagee effective, have reached debt secured by the liquidation period were not settled or the agreement is the emergence of the conditions was not at fault for the debt is not repaid mortgagee. The third part is the analysis of the problems and obstacles in the implementation of the bank mortgagee. From the legislative level, the part of the administrative and judicial procedures, four aspects of the reasons of the bank's own analysis of the many problems that affect the realization of the right of commercial bank mortgage. Reveal the impact of the mortgage can not factors, and thus provide a basis for the prevention and improvement. Legislation factors including excessive legislative body, the lack of chase and force system and mortgagee protection provisions of the pathway fuzzy three. Administrative, highly decentralized system of registration and registration publicity inquiries difficulties and tenancy rights of the mortgagee to achieve. Judicial procedures to adapt to the new system and civil enforcement of laws obstacles to abandon the traditional implementation of the concept. And the banks themselves, including, imperfect, imperfect credit assessment system of property rights of state-owned banks and the lack of dynamic monitoring of the borrower or the collateral value. The fourth part is the realization of the right to promote bank mortgage related suggestions. The part from the legislative level, administrative, judicial proceedings, the bank's own four aspects discussed, and implemented many of the recommendations of the commercial banks in the mortgage. Legislative level, including special provisions about the mortgage problems, the law should be clear of the chase and force of the mortgagee and further clarify the priority rules. Administrative aspects including the establishment of a unified modern registration system, to reduce the mortgage registration costs and improve the lease registration system. Judicial proceedings, including, simplify judicial procedures, the introduction and application of the mandatory management system. And the banks themselves, including, improve management, and strengthening the loan approval mechanism and protect the collateral liquidation three. The fifth part of the realization of two special bank mortgagee. Special mortgagee has the particularity of this section were introduced two special mortgagee (the maximum amount of the mortgage and floating mortgagee) concepts and features, and put forward comprehensive proposals for its particularity. In the maximum amount of mortgage rights, the mortgagee must prove the existence of secured claims. In the process of realization of the right of a floating charge, it is necessary to establish the receiver system, this is not only to ensure that the interests of the creditors to achieve, and also may enable enterprises to revive. The sixth part of the conclusion. Summing up the achievements and shortcomings of this research.

Discussion about the Realization of Banking Hypotheca

Abstract

Related Dissertations