浅谈抵押房地产保险问题

A Brief Discussion on Insurance of the Mortgage on Houses

房地产抵押是一种重要的融资和信用方式 ,通过抵押房地产保险转移风险和寻求经济补偿 ,应当引起抵押当事人的足够重视。该保险有其本身的特点 ,其保险标的是抵押房地产、适用的法律是《保险法》、保险险种是商品房抵押贷款保险、住房抵押贷款综合保险、保险合同条款有别与一般保险合同。抵押房地产保险这一新兴保险险种 ,不论是在险种设立 ,还是在合同条款的确定以及合同的履行上 ,都有待于在实践中作进一步的摸索和不断完善。在抵押房地产保险方面法律、法规尚未建立、健全的情况下 ,抵押当事人应当审慎对待抵押房地产的保险问题。

The mortgage on real assets is an important way of fund raising and credit building.The mortgagee should pay much attention to the fact that the risk diversification and economic compensation can be achieved through the insurance of mortgage on the real assets.This kind of insurance has its own characteristics.Tits tending object is the real asset on mortgage;the law applied to it is “The Insurance Law”;the item of insurance is the mortgage and comprehensive loans on the marketable houses and residential houses;its terms and conditions differ from those of ordinary insurance contracts.It is a new type of insurance and hence,a lot of exploration and research on the issues should be done with regards to its establishment,the stipulation for the terms and the fulfillment of the contract so that improvements will be gradually made in practice.The prudent mortgagees should take much care about it when the adequate law and regulation on the insurance are yet to be established.