Study Of Real Estate Mortgage Legal Issues

In view that the mortgage of marketable housing of China has developed some distinct characteristics since the system was introduced from Hong Kong in the early 1990's, for the development of the real estate market of China, it is necessary to study how to graft the introduced system on the legal system of China, how to react to the various legal problems arising from mortgage practice and how to improve the mortgage of marketable housing. This thesis takes the mortgage of marketable housing as the research object and adopts the comparative method to analyze the topic from both theory and practice angle. Through the analysis of the conception and evolution of the mortgage system, the characteristics and legal relationships of the mortgage of marketable housing, and the risks of the banks and the preventive measures, the writer hopes to explain the mortgage of marketable housing and provide suggestions for the practice.The thesis consists of four parts except prologue and epilogue.Part One: Introduction of Mortgage. This part introduces the origin, development and characteristics of the mortgage system under the Anglo-American law system by comparing the mortgage system of USA, Hong Kong and UK, and points that the significance of title transfer has reduced gradually in the modern Anglo-American law system. The mortgage of marketable housing of China mainly includes mortgage of futures marketable housing and that of marketable housing on hand. Compared with the mortgage system under the Anglo-American law system, the mortgage of marketable housing of China has distinct characters on the conditions of the establishment of mortgage, the possession of the subject matter, the measures of publication and the implement of rights. It is necessary to distinguish the mortgage system under the Anglo-American law system and the mortgage of marketable housing of China.Part Two: the Legal Nature of Mortgage of Marketable Housing. There are diverse theories on the nature of the mortgage of marketable housing, such as the theory of hypothecation, pledge, sicherung-subereignung, independent...