2005•Journal of Xi'an United UniversityRequires access

On Legal Attribute of Mortgage and Choice of the Legislative Mode of Mortgage in China

Yuan Liu

Abstract

Just like hypothec and hypothecate, mortgage is corresponding newly emerging real right of pledge. The paper systematically expounds the legal attribute of mortgage and choice of the legislative mode of mortgage in China from three aspects: the origin and characteristic of mortgage; the letting and assuring systems of mortgage; and the status of mortgage in the law of real right.

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Key concepts: Pledge, Mortgage insurance, Shared appreciation mortgage, Mortgage underwriting, Legislature, Collateralized mortgage obligation, Commercial mortgage-backed security, Secondary mortgage market