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建国前民间房屋抵押(典当)契约时常混用“抵押”“借款”“回赎”等词语,即“抵押人”在借款时把房屋交给出借人管理使用收益,出借人不收“借款”利息,不支付房租,有的也不规定期限,只写明“抵押人”还款时“赎回”房屋。时过30年之后,“抵押人”的继承人才向人民法院起诉,要求还款赎房。这类案件在处理时存有两种不同意见,一种意见认为契约上写着抵押借款,不能适用有关典当的司法解释,应允许“抵押人”归还借款赎回房屋。笔者
Before the founding of the People's Republic of China, the contracts for mortgages (pawnshops) often used the terms “mortgage”, “loan” and “redemption”, that is, the “mortgagor” used the proceeds to manage the proceeds of the lending to the lender and the lender did not charge “borrowing” interest , Do not pay the rent, and some do not set a deadline, only that the “mortgagor” repayment “redemption” housing. After 30 years, the heir of the “mortgagor” filed a lawsuit in the people's court and demanded that the money should be repaid for redemption. There are two kinds of disagreements in the handling of such cases. One kind of opinion holds that the loan contract should contain mortgage loans, and the judicial interpretation of the relevant pawn should not be applied. The “mortgagor” should be allowed to repay the loan to redeem the houses. author