Discussion About The Realization Of Banking Hypotheca

Mortgage loan and credit loan are the two lending facilities of a bank. The type of credit loan may obtain loan through assessing personal credit, without needing providing assurance. Because of the high risk to the credit loan, the banks are used to inspect the management level, economic and evelopment conditions in detail. In order to reduce the risk of credit, the bank only provide the credit loan for a customer with sophisticated quality. In exercises, the quantity of credit loan is a few. The mortgage can reduce the risk of the borrower can't repay the loan. The stable and reliable security can be made the credit business successfully completed. So it makes an important role. In practice, the bankers are disappointed to find that is difficult to realize the bank hypothec.This paper is from discussing the basic theories of realization of hypothec, examing the legal protection system of realization of hypothec, and analysing a few reasons of realizable difficulties. The reasons include legislative, administrative, judicial and the banks themselves′problems. Then, analyse several special hypothecs, and provide a few reasonable proposals. This paper can be divided into six parts.The first part is introduction. This section outlines the purpose and significance of the topic.The second part is the fundamental theory of the realization of the hypothec. This section is designed to highlight the to improvement of the realizable process. The mortgagee can be directly to the court for auction or liquidate the mortgaged property according to a mortgage contract. This part is selective analysis the conditions, the ways and the means of realization of the hypothec. The three requirements of realization of the hypothec include effective existence, the period of liquidation or agreed terms are appeared, and mortgagee is no fault.The third part discusses the problems in realizing the hypothec. It analyses several problems that affect the realization of the hypothec in banking practice, which include legislative, administrative, judicial and the banks themselves′problems. Legislative factors include legislative body are too much, system lacks and the way to the provisions is blurred. The three aspects of administration, including the decentralized registration system , difficult registration and leasehold hinder. The judicial procedures including adapting to new institutions and the obstacles of enforcement. The banks′ reasons include the property system is not perfect, assessment not perfect and lack of dynamic monitoring to the borrowers or the values.The fourth part discusses some suggestions for realizing the hypothec. This part analyze the legislative, administrative and judicial procedures, the bank itself suggestions. The legislative level, includes the law should be specific about the problem, consummating systems and further define the rules of priority. The administration includes the establishment of a unified registration system, reduce the costs of mortgage record and complete lease registration. Judicial procedures includes simplifying procedures and judicial enforcement of management system. By the bank itself espect included the strengthening the risk management standards, strengthening the mechanisms and liquidation.The fifth part discusses some special hypothecs. Special hypothecs have the particularity. This part discusses the maximum mortgage, and flexibility mortgage. To achieve maximum mortgage, mortgagee must prove the existence of secure claims. In order to realize flexibility mortgage, it is necessary to establish over one system.The sixth part is conclusion. It summarizes the achievements and shortages of this paper.