“二手按揭房”转让合同的效力及法律适用问题-研究——兼评《物权法》第191条适用问题.pdfVIP

Abstracts The peoples Republic of China Property Law (hereinafter referred to as the property law ) in force since October 1, 2007, including the 191st specific provision, the mortgagee is agree as one of the elements can transfer the mortgaged property, the mortgagee agree as mortgage of chattel effective substantive conditions. At present, because most people take the mortgage purchase, leads naturally to mortgage become the second-hand housing market is the main force, but in the real deal, most people will not convenient, mortgage procedures, also without the consent of the mortgagee bank agreed to. With the rapid development of real estate economy, commercial housing prices continue to rise, real people suffer an interest to drive back the signed agreement to sell, and the property law the relevant provisions of Article 191 from the court, require confirmation before housing sale and purchase agreement is invalid, which caused a great deal of confirmation of contract of commodity house business effectiveness of disputes property law , from 191st in the judicial practice in the specific application problems. By the author of two actual case analysis, from practice to theory, from the case of sublimation to society, direct questions, the interpretation of second-hand housing mortgage contract recognized the importance of. Based on the secondary housing mortgage business situation and judicial practice in judging the validity of the analysis of the current situation, to demonstrate the second-hand housing mortgage transaction