论文部分内容阅读
20世纪90年代初,按揭由香港传入内地各城市,随着我国住房制度的改革,按揭作为一种重要的购房融资担保形式,受到了广大购房者的青睐。然而,由于按揭贷款方面的法律法规不健全,操作经验不足,导致各方当事人在操作中的纠纷屡屡发生。本文主要从预售商品房按揭概念、合同法律关系,风险及防范方面出发,通过分析对比来认识我国现阶段实行的预售商品房按揭制度和探讨与之相关法律问题。
In the early 1990s, mortgages were introduced from Hong Kong into various cities in the Mainland. With the reform of housing system in our country, mortgage has been favored by many buyers as an important form of home financing. However, due to the imperfect laws and regulations on mortgage loans and the lack of operational experience, the disputes among the parties involved in the operation often occur. This article mainly from the sale of real estate mortgage concept, the legal relationship of the contract, the risk and prevention aspects, through the analysis of comparison to understand China’s current implementation of the pre-sale real estate mortgage system and to explore the relevant legal issues.