预售商品房按揭法律制度若干问题研究

On Legal System about Selling Commodity House Mortgage in Advance

按揭是发达国家和地区广为流行的一种融资购房方式。我国《担保法》等法律中没有按揭这种物权形式。我国不少城市开办了楼宇按揭业务并形成了一整套操作程序,“按揭”逐渐成为人们融资购房的重要方式。在物权法立法中明确预售商品房按揭的性质具有重要意义,可以为商品房预售按揭实践提供强有力的法律保障。

Mortgage is a popular way of financing and buying houses in developed countries and regions. In China, there is no mortgage (a real right) among some legal articles, such as“Law of Guarantee”. But in many cities, there are a lot of house mortgage business which has formed a set of procedures, and mortgage has become an important finance model of commodity buying houses. Therefore, it has a significance to make the nature of mortgage clear in the laws of real rights and it can provide a legal protection for the practices of mortgage.