The Study Of Legal Risk Prevention Problem Of "House-for Pension" Insurance

“House-for-pension” including the legacy support agreement, after saleleaseback, attract tenants, after sale leaseback, and "reverse mortgage" is the mosttypical and most complicated kind of “house-for-pension" schemes."Reversemortgage" originated from Holland, and matured in America, this kind of pensionmode solves the financing problem of “real estate rich, cash poor”this kind of oldman. This system allows the elderly mortgage their own property, borrowing moneyfrom financing institution, and continue living in the house until they pass away, andthe financing institutions achieve the disposal right after they dead. The successfuloperation of reverse mortgage business in USA showed this is a good way to solve“real estate rich, cash poor “kind problem of elderly.General legal risk not only includes parties of the contract do not exercise theirrights and obligations in accordance with the contract, and also includes externalenvironment factors likely cause its breach of legal risk. This is a series of externallegal risks include interest risk, price volatility risk, longevity risk, payment risk etc.Therefore, in the first chapter, I will introduce the related concepts of“house-for-pension “system, the principle of reverse mortgage system, legal nature ofreverse mortgage and system design in China,also introduce the concept of legal riskprevention of reverse mortgage business. In the second part of article, the authorthrough defined the qualification of policy holder, and introduced the restrictions onstarted reverse mortgage business qualification of Life insurance company,summarize and clear the main rights and obligations of between two parties of reversemortgage contract. All of these should be clearly agreed in the contract, so legaldisputes caused by rights not clear and obligation unknown can be avoided. In thefourth part of article,the author introduced external factors may lead legal risk,including price risk, interest rate risk, the risk of housing maintenance, longevity risk,payment risk and the housing liquidation risk. And the author give the prevent pathsof these legal risks in the fifth chapter.