Study On The Legal Issue Of "Mortgage For Housing"

The legal issues involved in the "household debt" dispute are hotspots and difficulties in trial practice in recent years."Withholding debts by housing",the current law does not clearly stipulate it,and there is no corresponding system;the Supreme People’s Court has not clarified it in relevant judicial interpretations.There is a big difference in theory and practice.This paper analyzes the different viewpoints in judicial practice,and deeply analyzes the nature of "returning debts with housing",and considers that it is a contract of contract;on this basis,it analyzes the establishment and effectiveness of the agreement on "household debts",the relationship between new debts and old debts.,the five rules of referee that propose the relationship between new debt and old debt.In the trial practice,the research on the problems encountered in the implementation of “household debts” is carried out,and it is analyzed whether the judgment documents of “household debts” have the effect of realizing the change of property rights,the formation of the enforcement objection,and the “household of the real estate company’s bankruptcy”.The issue of “debt-to-debt”,the issue of the developer’s compensation for the house to the demolished,the issue of the house’s debt repayment,the third person without the independent claim,the plaintiff’s subject qualification,and the balance between the false litigation and the principle of party autonomy The problem is finally summed up in the rules of refereeing "to pay against the debts of the house."The full text is divided into four parts:The first part: the meaning,elements and nature of "residence with housing".Analyze the three theories of "returning debts with housing" : the practice contract theory,the promise of the contract,the disposition behavior,the author’s point of view that the nature of "household debts" is a contract,and puts forward specific reasons.The second part: the establishment and effectiveness of the "household debt" agreement,analyze the effectiveness of the "household debt" agreement in three cases.The third part: the relationship between new debt and old debt.There are three viewpoints of scholars.There are two different viewpoints in the judicial practice department.By analyzing the relationship between the two,the author proposes five rules of refereeing the relationship between new debt and old debt.The fourth part: "Responsibility of the house to pay debts" in the trial practice.Through the civil judgment of "household debts",whether the mediation book has the effect of realizing the change of property rights,and solving the idea,based on the lawsuit of execution objection formed by "household debt",the real estate company bankruptcy in the bankruptcy After the merchants have resettled the houses to the demolished and then reinstated the houses,the third party who has no independent claim has the plaintiff’s subject qualification in the third party’s revocation,and it is possible to prevent the “household debt”.The six aspects of the balance between false litigation and the principle of party autonomy are analyzed to summarize the ideas of the referee.