离婚时婚前按揭房的权属及补偿问题研究.pdfVIP

天津 师 范人 学法 律硕 I.? (JM ) 研 究生学位论 文 A b s tra c t W ith the rapid developm ent of C h inese econom y, the price of C h inese houses are rising, and keep ing to increase in a m ortgage to buy hou se. A t th e sam e tim e, b ecau se of th e developm ent of society, the concept of m arriage has also been considerab le changes, and m any p erson choose to liberate th em selves for freedom . So the divorce rate of C h ina is getting h igh er and h igh er. M oreover m arriage is a special personal relationsh ip w ith no b lood, and the m ortgage hou se is also a special m arital property, therefore, the prem arital m ortgage houses ow nership and com pensation issue have becom e the focus of controversy in divorcing, becau se th ey m ust consider tw o special relationsh ip s betw een p erson and prop erty. A lthough the M arriage judical interpretation exp lained the introduction of detailed prov isions on our m ortgage houses, becau se of the conflicts betw een variou s departm ents, th e prem arital m ortgage hou ses ow nersh ip and com p en sation issu es still ex ist at a lon g tim e. A t the sam e tim e, it relates to the interests of tw o person and other p eop le. H ow to b alance th eir interests has b ecom e the focu s issu e. So th e prem arital m ortgage hou ses ow nersh ip and com p en sation issue in divorcing are still th e focu s of the legal profession. T h is is th e keynote of m y article. M y paper introduces several controversial m ortgage hou sing cases firstly in order to lead to tw o prob lem s w hich are prem arital m ortgage hou sing ow nersh ip and com pensation issue that I w ant to study. S econdly, accord ing to the m ean in g of m ortgage hou ses, nature and its legal relation sh ip , I analyze in div idual prem arital m ortgage hou sing ow nersh ip from obtain ing prem arital estate license, m arriage license and no li