中国婚姻法离婚案件中按揭房屋所有权的处理（Dealing with mortgage ownership in divorce cases of Chinese Marriage Law）.docVIP

中国婚姻法离婚案件中按揭房屋所有权的处理（Dealing with mortgage ownership in divorce cases of Chinese Marriage Law） Energy-saving, such as the dead suddenly go. One, Chinese pen and sword arts. Once Lianjiu bird, fish think therefore abyss. The mouth of the people is better than that of the sichuan. Flying three thousand feet straight, the galaxy is suspected to fall for nine days. Dealing with mortgage ownership in divorce cases At present, the mortgage to buy housing or other valuable property division of the dispute, accounting for a considerable proportion of divorce property disputes. For how to deal with such property, the law and related judicial interpretations are still lack of clear provisions, the proper handling of such property disputes, first of all, must be reasonable definition of the nature of the mortgage. A type of mortgage system originated from Anglo American Law in the matter of security, refers to the debtor (mortgage) ownership of their property transferred to the creditor with guaranteed obligation, the debtor often keep possession of the property. When the debt is fulfilled, the ownership of the property is transferred back to the debtor. If the debtor is unable to repay the debt due to maturity, the creditor shall, in accordance with his ownership of the mortgaged property, assign the exchange value of the mortgaged property so as to guarantee the payment of the creditors right. However, our law has not yet made a clear legal definition of mortgage. The actual practice in China is to purchase the real estate business and the sale of housing under the contract rights mortgaged to the bank, the bank loans to purchase and to purchase on behalf of the money by real estate developers to pay the price of housing, if the purchase is not due to debt, mortgage banks have the right to mortgage and property conversion priority, or by the director of the housing and to repurchase, repurchase shall reimburse the bank interest. This has changed the nature of our mortgage. A