Research On Commitment Of Liabilities For Breaching Contract In The Transfer Of Mortgage

Transfer of mortgage is one kind of mortgage transactions,in which a house-purchaser by mortgage transfer the house with mortgage to a new house-purchaser before the full payment for the mortgage was due, therefore,the primary legal relationship of which changes meanwhile.The transfer of mortgage loans,as a derived variety of housing business from individual housing mortgage loans,is very popular in foreign developed countries and Chinese Taiwan,HK and Macao.Early in this century,our country's housing credit market borrowed the transfer of mortgage business.It activated and flourished the second-hand house market.However,the blank of the regulations,the irregular practice,the complicated legal relationships and the speculation together with the risk in the transfer of mortgage make it filled with trouble from time to time. Though are there some problems in the transfer of mortgage business and it maybe bring a certain risk to each main body,the positive significance of this transaction must be shown with the building of perfect and feasible risk control policy and bring them into effect.This thesis intends to analyze the importance of the commitment of liabilities for breaching contract to the risk control by defining the meaning of the risk in the transfer of mortgage, then centers on the risk control to discuss how to commit the liabilities when every main body breaks the contact,and it aims at pushing the transfer of mortgage business to develop.This article consists three parts besides the Introduction and the conclusion.Part One introduces the definition of the risk in the transfer of mortgage.This part discusses the definition and the legal nature of the transfer of mortgage,and introduces the basic operation procedure and the common participation subject of the transfer of mortgage,and then makes clear the definition of the risk in the transfer of mortgage,at last analyzes the risk types of the transfer of mortgage including the risk of breach of contract,the risk of subject matter accidental destruction and other risk.Part Two mainly analyzes the relation between the risk control and the commitment of liabilities for breaching contract in the transfer of mortgage. By introducing the development situation,the existing problems and the significance of the transfer of mortgage in our country,this part points out the positive role of the risk-control measures in this business' healthy development,and by discussing the relation between the risk control and the commitment of liabilities for breaching contract,this part points out that the commitment of liabilities for breaching contract is one of the important risk-control measures,at last this part also analyzes the different legal relationships involved in the transfer of mortgage and the concrete forms of different behaviors of breaching contract.Part Three mainly discusses the types of the liabilities for breaching contract.This part tries to analyze separately that what liabilities for breaching contract each main body should commit after he breaches the contract.And this part points out that the breach contract is the base of committing liabilities,and the parties involved can contract the specific ways to undertake by the breach clauses.If they have no agreement,they can apply the general state of the exist law.