论离婚诉讼中按揭房屋的权属.pdfVIP

Abstract Because of the complexity of the mortgage itself, the mortgage house ownership to become the focus and difficulty of the division of property disputes in divorce proceedings. Mortgage house segmentation involves more than law, mainly is the property law, the marriage law and real estate law. Among them the property law and the provisions of the marriage law of mortgage houses there are some conflicts and mortgage the legal relation of the involved building complex, so division of the mortgage houses become a big problem in the judicial practice. This paper attempts to affect the division of property through analysis of the housing mortgage of divorce, noting that mortgage house problems in the judicial practice, analyze the problems of legislative and judicial reasons, legal resolve the ownership of the mortgage house, seek mortgage house ownership and added value part of the law of fair treatment. Finally I stood two angles brief analysis of the marriage law explain (3) debate. The first and second part is the mortgage and the influence of the division of property in divorce and the basic problem of mortgage house ownership dispute in the divorce proceedings. Mortgage house divided into a house mortgage and sales to mortgage, Analysis the mortgage of the nature of the common law countries, and then in the mortgage to clear the qualitative. Because of the complexity of the mortgage, and practice of divorce dispute in the division of the property dispute causes numerous. The third and fourth part is the divorce proceedings mortgage the house ownership to the struggle of the reason and the legal resolution of the mortgage housin