从物权法的视野观察以房抵款行为（From the perspective of property law, the act of mortgage against the house）.doc

从物权法的视野观察以房抵款行为（From the perspective of property law, the act of mortgage against the house） Property law article fifteenth entered into between the parties the establishment, alteration, transfer and elimination of the real contract, except as otherwise stipulated by law or contract, in force since the establishment of the contract; property right is not registered, does not affect the validity of the contract, the article from the legislation established the validity of the contract and property rights the effectiveness of the principle of distinction, namely the property change of the principle of distinction or relationship, that is to determine the distinguishing principle of real right change due to changes in behavior and property. The effectiveness of the action shall be governed by contract law principle emphasizes the reasons such as the adjustment of the contract, the establishment, alteration, transfer and elimination of property change is affected by the regulation of property law, the reason is not affected by the force of the behavior of real right change elements. This is the value foundation of the authors legal analysis of housing mortgage payment in the legal relation of construction contract. The so-called construction contract, that is, the contractor for the construction of the project, the contract to pay the contract. If specific to the real estate development operations, refers to the contractor (Builders) of real estate construction, the employer (developers) to pay the value of the project contract, the contractor is the main obligations according to the contract on time, quality and quantity to complete real estate projects, and to developers, developers is the main obligation; according to the contract on time and in full payment of the construction price (also known as the practice of the project progress), receiving work delivered by the contractor. But this is only the legal state required by law, rather than the actual state in objec