Studies Of Several Theoretical And Practical Issues On Chinese Law System Of Mortgage

Mortgage, as a loan pattern, originates from the Great Britain, introduced from Hong Kong, is built and developed on the grounds that how to promote China real estate's development has become a urgent issue for solve. Though the house pattern is in the process of being established, legislation of the installment system still has not stipulated. This involves houses purchasers, banks, housing industrial businessmen and insurance companies' interest. It is testified by practice that a clear and definite answer in housing legislation should be made in order to operate smoothly.The thesis is composed of four chapters: firstly , Historic development of the house installment; secondly, Lawful theories and practice; thirdly, Present situation and defects; fourthly, Several legislative suggestions.On the basis of comparing and analyzing China and foreign countries' theories on systems of mortgage, the thesis conducts that Chinese mortgage is a new kind of real property. It almost equates to house mortgage in practice. The confuse results from the fact that we have not legislated on the systems of mortgage. The relative legislation suggestions have been put forward at the end of the chapter: firstly, The possibility of repeated mortgage; secondly, The effect of mortgage should influence the affiliated; thirdly, Legislative suggestions on house mortgage and registering beforehand; fourthly, Organizations for the registration should be established; fifthly, Set up the real estate insurance company.