土地使用权抵押相关知识（Relevant knowledge of land use right mortgage）.docVIP

土地使用权抵押相关知识（Relevant knowledge of land use right mortgage） Relevant knowledge of land use right mortgage Land mortgage refers to the land rights of people within the scope of the law does not transfer possession of land and land as a creditor, the debtor does not fulfill the debt, the creditor shall have the right to dispose of the land in accordance with the law, and to dispose of the proceeds priority. With the development of economy and society, the phenomenon of using land mortgage is more and more. Land registration institutions should pay attention to the following when conducting mortgage registration: First, land mortgage is not a physical mortgage, but a right mortgage. The subject of land mortgage is land rights, not the land itself. Two is the land mortgage, is the legal permission to transfer the land rights. Chinas legal prohibitions or restrictive provisions on the transfer of land rights, also prohibit or restrict mortgage mortgage provisions (the most direct is the Supreme Peoples Court on Several Issues concerning the application of the Peoples Republic of China Guarantee Law interpretation (France - [2004]44) fifth: the laws and regulations prohibit the circulation of property or not transferable property guaranty, guaranty contract is invalid. Where a guaranty is established in accordance with the relevant laws and regulations, the peoples court shall, in accordance with the relevant laws and regulations, handle the property in accordance with the relevant laws and regulations. Three is the mortgage, land rights must have been registered and issued, and the debtor or third of the mortgaged land must enjoy the right. In addition, the land with unknown rights or disputes, and the land sealed by law, shall not be mortgaged. What land rights can be mortgaged? Which land rights prohibit mortgage? Which land rights mortgages should be restricted? According to the property law, guarantee law, land management law City real estate management law and urban