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Chinese Legal Problems Real Estate Mortgage

Author: LiuYing
Tutor: QiuYan
School: Dongbei University of Finance
Course: Economic Law
Keywords: mortgage registration mortgage real estate mortgages
CLC: D923
Type: Master's thesis
Year: 2010
Downloads: 247
Quote: 1
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Abstract

In today’s operation of the market economy, the economic transactions of real estate mortgage is the most frequency used in the way of security. The main form of real estate as real as the most common collateral. Rapid economic growth, promote the rapid rate of growth of urban and rural construction, so as to promote the vigorous development of the real estate industry. Real estate mortgage as a way of effective use of real estate, and is widely usedmortgage, the security of its legitimate share of the transfer of real estatemortgages to fulfil its obligations to security. The real estate property, real estate mortgages set in the right to perform their legal Mortgage registration. The real estate collateral are in real life, and the resulting security there are many disputes. State Department issued a number of laws and regulations of the mortgage system for protection and constraints, the regulation of real estate mortgages laws and regulations and rules and regulations of the PRC> Property Law, the PRC> Real Estate Management Law, the State Security Law and building> promulgated by the Department of the mortgage> management approach. China on the legal issues with the real estate mortgage securities market is also a growing concern the growing prosperity. In that the above legal documents on mortgage norms play an active role, we should understand the real estate mortgages, there are many legal issues have been inconclusive, pending further study.In practice, the real estate mortgage system there are still many obstacles, it also shows that real estate mortgage legal system, flaws in the design, directly restricts the superiority of our real estate mortgage-backed regime of the play, the collateral damage to legitimate interests of both sides. Therefore, a sound real estate mortgage system, improve the supporting system of measures to promote economic trade, give full play to the superiority of the real estate collateral to protect the legitimate interests of secured parties, are of great theoretical and practical value. This article use the research and to identify issues------Analysis of policyrecommendations for dealing with the idea, the article is the key part of the mortgage system in several important issues in depth the legal system, and detailed discussions, such as Mortgage registration, real estate assets, real estate mortgages to transfer the existing problems through the analysis and interpretation of these issues in order to identify the real estate mortgage system, through study and grasp the relevant issues, and made their views and rationalization of the comprehensive proposal, and hopes that the real estate mortgages in the legislation and draw lessons, so as to constantly improve our mortgage system of relevant laws and regulations, the practice of scientific and rational system support and legal basis.Follow the ideas, the structural design of this article are as follows:The first part, an overview of real estate mortgage. This section mainly discusses the concept and characteristics of real estate mortgages, real estate, mortgage types, the form of real estate division, to the nature of real estate by Almighty. Also discussed the real estate collateral source of legislation, laws, administrative regulations, administrative rules and regulations, and other regulatory documents on China’s real estate collateral requirements.The second part, foreign and Taiwan, the provisions on real estate collateral and the related system of inspection and reference. This section describes the requirements of foreign real estate mortgage system, and the study of these systems, through the foreign and Taiwan Investigation of these systems, made reference to China.The third part, on China’s real estate mortgage registration. This section describes the main, our laws and regulations on the registration requirements of real estate mortgage, real estate mortgage registration of some problems, such as mortgage registration authorities is not uniform, the way mortgage registration review is not clear, the compensation system is not perfect. And improve some of the recommendations of these problems.The fourth part, on the transfer of real estate collateral. This section describes the main, our laws and regulations on the transfer of some of the provisions of real estate mortgages, mortgage real estate transfer of some problems, such as the imbalance between the interests of security, the transfer of real estate mortgage escrow system is imperfect, the price of gold on behalf of the bit system and the alternative settlement system difficult to achieve. For some of these questions sound advice.Part V, on the realization of the right of real estate mortgage. This section mainly describes the laws regulating the real estate mortgage for the realization of some of the provisions of the real estate to mortgage some problems, such as the way and its implementation are flawed way, make a few suggestions for these defects.

Chinese Legal Problems Real Estate Mortgage

Abstract

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