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Housing Mortgage Guarantee Insurance Practice Research Problems

Author: JiaoDaiZuo
Tutor: HuoCunFu
School: Jilin University
Course: Legal
Keywords: Housing mortgage guarantee insurance The right to defense Subrogation Security interest
CLC: D923
Type: Master's thesis
Year: 2008
Downloads: 114
Quote: 0
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Abstract


Housing mortgage guarantee insurance, is accompanied by a system of housing mortgage loans have gradually emerged and developed. Housing mortgage guarantee insurance as a real estate finance an integral part, because of their loss and risk transfer mechanisms to a certain extent, can resolve the mortgage banking business and its customers as a result of asymmetric information, such as caused by a series of Risk, so it is a guard against financial risks, the expansion of the housing consumer credit business, the real estate industry to promote the development of an important way. China’s housing mortgage insurance is still at the initial stage, failed to give full play to protect the security of the function and role. People for the housing mortgage loan insurance to ensure that there is a lot of controversy, such as real estate mortgage loan insurance to guarantee the independence of the contract, the insurer’s defense and subrogation right to guarantee and insurance competing security interest in the issue, the existence of such problems shows We are real estate mortgage loan insurance to ensure that awareness of many errors and did not need to be explained and clarified. This article is based on the purpose of the hope that this article sort of analysis and, to clarify the rights and obligations of the parties so that our housing mortgage guarantee insurance to have a more in-depth understanding with a view to the promotion of housing mortgage loans, housing mortgage insurance and loan guarantee The healthy development of the real estate market.Chapter I: The real estate mortgage insurance to guarantee the independence of the contract. This part focuses on the real estate mortgage guarantee insurance contracts and real estate mortgage guarantee insurance contracts and cooperative agreements. This article holds that the housing mortgage guarantee insurance contracts have independence, the key lies in the nature of their finds. To ensure that the nature of the insurance contract is a contract of insurance, real estate mortgage guarantee insurance contracts with relative independence, but at the same time housing and mortgage contracts are closely linked. Insurance does not guarantee co-operation agreement in the same housing mortgage guarantee insurance contracts. Housing mortgage guarantee insurance policy is based on the insurer and the insured to ensure that insurance co-operation agreement, purchase contracts, property insurance on specific issues and make concrete agreement, the insurance benefits, the subject of insurance, the amount of insurance, insurance period, the insured The obligations finalized, the insurance contract is the official written documents, is the real meaning of the insurance contracts, each housing mortgage loan insurance to ensure that the content of the records constitute a separate certificate of insurance contracts, co-operation agreement can not be Equivalent to the insurance contract.Chapter II: The insurer’s defense and the right of subrogation. This first part discusses the insurer’s first defense of the right to appeal, the paper believes that from a legal point of view, insurance companies, banks not to be prosecuted or not the borrower collateral first action on the ground do not make a commitment to defend the insurance liability should not be supported. Mortgage insurance is not a guarantee of security guarantee, the insurer’s position is different from the general sponsor, particularly in the absence of agreement, the insurer that the bank must first prosecution of the borrower or collateral punishment, in its loss can not be compensated To assume responsibility for payment when the defense is not valid. This article is also enjoyed by other insurers to defend the right to make the list. Next on the insurer’s subrogation rights, including the subrogation right of the meaning and conditions of the exercise, how to obtain insurance subrogation and the right to exercise the right of subrogation. This article holds that the insurer subrogation right to exercise the required three conditions, namely, must be paid after the exercise, to be self-insured compensation insurance within two years from the date of exercise and the amount of compensation must be exercised within the framework of subrogation Right. Insurer’s subrogation right should be given to legislation passed as soon as possible to resolve, such as requirements to guarantee insurance, "Insurance Law" to explain the expansion of the 45th article. Under the present circumstances, the parties can agree to a contract, such as some of the terms of the contract agreed to guarantee insurance compensation insurers, related to recourse, arrived in (the quality) of the right to charge such as the transfer of the contract with the insurer who did not agree to the transfer of rights, in accordance with China’s civil law principle of equity and property insurance to fill the damage inherent in the principle of insurance should enjoy the right of subrogation. Insurers should be based on their own in the name of the exercise of the right of subrogation.Chapter III: housing mortgage insurance to guarantee security interest in competing. This part focuses on the security interests of competing causes of housing mortgage loans secured on property insurance to ensure that the significance of competing, competing security interest when the right sequence. This article holds that security interest because of the competing commercial mortgage guarantee insurance, have set up a housing complex insurance on behalf of the right (mortgage), and in fact set up a special beneficiary of insurance claims the right to pledge To form a housing mortgage insurance on both a security interest in the legal nature of the relationship between competing. From the practice of law or theory, the real estate mortgage guarantee insurance has its own significance and necessity of the existence of. On the basis of the basic law and legal rules, mortgage and quality of competing rights when what the effect of priority, in principle, should be based on both the right set of is scheduled after another. Housing mortgage loans, mortgage set up in the first place, based on the security interests of the common property, in this case should be set up so that the first priority in the mortgage after the establishment of the right quality. In other words, as a result of accidents arising from the insurance premium, the mortgagee pledgee more concerned with the effectiveness of priority.Finally: In this paper, real estate mortgage guarantee insurance in a number of problems discussed on the basis of the combination of relevant laws and regulations, put forward legislative proposals: First, determine the right real estate mortgage guarantee insurance contracts and debts on the basis of the contract and co-operation The relationship agreement, a clear responsibility to an independent insurer. Second, real estate mortgage loan guarantee insurance contracts, the insurer’s defense and subrogation right to carry out detailed provisions. Third, on the housing mortgage loan insurance to guarantee security interest in competing to make the provisions clear.

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CLC: > Political, legal > Legal > Chinese law > China and France
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