A Structural Analysis of Chinese Mortgage Law
Essays in Honour of C G van der Merwe (2011) Lexisnexis pp 395-412
22 Pages Posted: 25 Sep 2010 Last revised: 14 Oct 2013
Date Written: September 24, 2010
Until 1995 when the Chinese Security Law was enacted, it was acknowledged that “the concept of security appears undeveloped” in China. Nevertheless, as a late but rapid bloomer, China has recently re-jigged its laws relating to mortgages with the introduction of its Property Law. The Chinese mortgage law therefore deserves special attention worldwide not only because of China’s surging real estate market and booming economy, but also because China is becoming a trial field for legal transplants. This chapter provides an overview of the structural features and recent developments of Chinese mortgage law. Not only are the relevant background and statutory framework of the mortgage explained, but its theoretical structure and a number of practical issues are also discussed.
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