按揭制度比较研究

Comparative Study on Mortgage Systems

按揭自香港引入以来,已为购房者普遍接受,然而由于内地按揭起步不久,缺乏经验,没有进行明确的法律界定,导致实务中认识、操作不一,纠纷颇多。从香港与内地接揭比较,按揭与其他担保制度比较,对该制度作出分析。进而对实务中一些问题进行探讨。

Since the introduction from Hongkong, mortgage becomes popular among house purchasers. However, there are not much experience or clear legal definitions in the practice of mortgage because of the late initiation of the method, which leads to disputes for the absence of comprehending and implementing mortgage. This paper attempts to make a comparative analysis between the mortgage practice in HongKong and in the China's Mainland, between mortgage and other guarantee systems, and carries out discussions on some practical issues.