商业银行个人住房转按揭贷款法律问题研究

Legal Issues of Personal Housing Re-mortgage Loan of Commercial bank

近年来,商业银行个人住房转按揭贷款在中国迅速发展。作为一种新型的融资方式,个人住房转按揭贷款涉及的当事人较多,法律关系较为复杂。本文根据转按揭涉及的主体不同将其划分为三类,并分别介绍了它们各自产生的动因和相关的法律依据。在此基础上,作者详细阐述了个人住房转按揭贷款中涉及的保险法律问题,以及银行在其中所处的法律地位。针对转按揭贷款业务的流程特点,笔者指出由于转按揭贷款在发放后的一段时间内没有抵押担保,银行由此面临风险,而加强银行之间的合作以及选择专业的担保公司作为保证人是防范上述风险的有效途径。

Commercial bank＇s personal housing re-mortgage loan business has grown dramatically in China in recent years. As a new type of financing tool, this business involves various parties which results in a variety of complicated legal issues. This paper divides the business into three types according to different subjects involved and introduces their motivations and related legal basis respectively. Furthermore, the paper gives a detailed explanation about legal issues of insurance concerning personal housing remortgage loan and commercial bank＇s legal status in those issues. Centering on the process character of this business, the author points out that due to the lack of collaterals during a period after the issue of re-mortgage loan, commercial banks have to face the potential risk, and strengthening the cooperation among commercial banks and choosing professional guarantee corporations would be effective approaches to reduce such risk.