委托贷款抵押登记的相关问题研究

The Research on Problems of Entrusted Loan Mortgage Registration

委托贷款业务作为引导民间资金纳入金融监管的有效手段,正日益受到银行金融机构的重视,但由于其法律关系复杂,抵押登记权利主体错位,委托贷款的资金安全保障方面存在重大隐患,损害了资金所有者的利益。故此,需深入分析其中的法律关系,尤其要区分其与信托贷款的不同性质,严格依法登记,确保当事人的合法权益。

Entrusted loan, as an effective means of leading private capital into financial regulation, is called attention by banks financial institutions. However, due to the complicated legal relations, which is resulting in right subject dislocation of mortgage regis- tration, there are great hidden dangers for capital security of entrusted loan, that damage the interest of capital owner. Therefore, it is necessary to go into deep analysis of the legal relations, especially to distinguish the character of trust loan and it so as to register legally and ensure the client＇ s right under the law.