Study On Legal Issues Of Mortgages Of The Buildings Under Construction

The rapid development of China's market economy, more and more real estate mortgage. With the booming real estate, real estate as collateral is often the case. Secured the building under construction more and more used in social practice are increasingly being used, but our real estate mortgage system is far from perfect, in the construction of new real estate mortgage building mortgage is one aspect of development, Therefore it is in theory and practice there are still some unscientific imperfections. This article is for construction of buildings in some of the legal issues collateral to the study. This addition to the introduction and conclusion, the total can be divided into four parts:The first part of the building under construction mortgages in general. In this part of the first author on the meaning of buildings under construction, characteristics and nature of the analysis done on the definition of the building under construction; Secondly, construction of buildings in the scope of review of existing laws and re-application of the building under construction to do the thinking; Finally, construction of buildings described in the mortgage of the legitimacy and relevance; The second part of the building under construction, the object of the mortgage. In this section the author first mortgage on the building under construction, the object of theoretical controversy has made the introduction, and the object of controversy in the construction of the building carried out assessment, that the object of the building under construction is completed in the construction of some buildings and in the future; Second analysis to determine the legality of the methods in the construction of buildings, but also part of the building will be completed, given the concern tha(?) buildings not yet built, the mortgage is their effectiveness in achieving the time and in the unfinished part of the building This paper was discussed. Construction land use right mortgage is the object of buildings under construction, the main component of paper secured in the construction of buildings involved in the construction land use right or the whole case is assessed land construction land use right, do the analysis.The third part of the building under construction in the registration of mortgage. In this section the author first mortgage on the building under construction, the nature of the existence of two kinds of registration and notice an overview of the register, and then draw their own conclusions, in the construction of the building mortgage to do a qualitative nature; Secondly, construction of buildings in the mortgage registration transformation were analyzed, pointing out that the building under construction, the need for registration of the mortgage conversion, conversion of the forms and consequences of conversion.The fourth part, the construction of buildings to achieve the right mortgage Conflict and Resolution. In this section the author first mortgage with the building under construction in conflict with the right to use land for construction has made the introduction, describes the situation of conflict between the two, and then propose a solution; Secondly, the building under construction on the mortgage with the conflict priority claim construction price has made the introduction, describes the situation of conflict between the two, and then proposed a solution; Construction of the building once again with the mortgage in conflict the interests of commodity house made the introduction, describes the situation of conflict between the two, and then propose a solution; Finally, in the construction of the building and conflict pre-sale mortgage real estate mortgage has made the introduction, describes the situation of conflict between the two, and then propose a solution.