我国以房养老反向抵押贷款制度的法律思考

发布时间：2018-02-04 22:45

本文关键词： 住房反向抵押货款以房养老法律冲突成因分析对策　出处：《新疆财经大学》2015年硕士论文　论文类型：学位论文

【摘要】：随着我国进入老龄化,如何养老的问题也日益凸显,为了能更好的解决养老问题,使老年人能够幸福养老,就要有全方位的养老手段,就要做到社会养老、家庭养老、个人养老三种养老方式全面发展,而种类相对丰富的养老产品的推出就势在必行。以房养老住房反向抵押贷款的推出主要是为了帮助那些不能依靠社会养老和家庭养老的老年人获得一种个人养老的新途径。它的推出对于那些希望获得更高质量晚年生活的老人来说意味着获得了一个新的增加养老金来源的方式。以房养老住房反向抵押贷款制度在国外发展的相当完善,同时也有大量的成功经验可以供我们借鉴。它的运行方式是老年人将其住房产权抵押给贷款机构,在有生之年仍旧居住在房屋当中;贷款机构对房屋价值进行专业估算后,根据房屋净值向借款人支付现金;当借款人死亡或搬离房屋,贷款机构就取得房屋所有权,最终把房屋变现或证券化用以补充其现金支出的一种金融产品。但住房反向抵押贷款在我国刚刚起步,急需法律法规对其进行规制。要想在我国进一步推行住房反向抵押贷款就必须完善我国的相关法律,从而使得住房反向抵押贷款在我国能够成功推行。本文通过对住房反向抵押贷款制度的主要内容逐一分析,并从法律角度更加明确的进行了阐述,希望可以为该产品在我国能够更便捷的推广提供法律上的帮助。本文研宄的主要内容:第一章主要论述了反向抵押贷款的相关理论。第二章主要阐述了以房养老住房反向抵押贷款的国内外实施现状及经验。其中主要以美国、英国这两个具有典型意义的国家为例总结其成功经验并吸取其教训,同时分析了我国以房养老的实施状况。第三章论述了我国以房养老反向抵押制度面临的法律障碍。第四章重点阐述了笔者对于破解反向抵押贷款制度困境的几点对策,即针对第三章的阻碍提出了具体的解决建议,旨在为推动该项制度的运行尽自己的绵薄之力。
[Abstract]:With the aging of our country, the problem of how to provide for the aged has become increasingly prominent. In order to better solve the problem of the aged and enable the elderly to be happy, there must be a comprehensive means of providing for the aged, and it is necessary to achieve the social old-age. Family pension, personal pension three types of pension comprehensive development. The introduction of a relatively rich variety of pension products is imperative. The introduction of reverse mortgage loans for housing for the aged is mainly to help the elderly who cannot rely on social and family pension to obtain a kind of personal pension. Its introduction means a new way to increase the source of pensions for those who want a higher quality of old age. The reverse mortgage system for housing, pension and housing has been developed abroad. It's perfect. At the same time, there are also a lot of successful experience for us to learn. Its operation is that the elderly mortgage their housing property rights to the loan institutions, and still live in the housing in their lifetime; After the loan institution carries on the specialized estimate to the housing value, pays the cash to the borrower according to the housing net value; When the borrower dies or moves out of the house, the lender acquires the ownership of the house, and finally realizes or securitizes the house as a financial product to supplement its cash expenditure. However, the reverse mortgage of housing has just started in our country. It is in urgent need of laws and regulations to regulate it. In order to further promote the housing reverse mortgage loan in China, we must improve the relevant laws of our country. In order to make the housing reverse mortgage loan in China can be implemented successfully. This article through the main content of the housing reverse mortgage loan system one by one analysis, and from the legal point of view more clearly described. I hope this product can be more convenient to promote in our country to provide legal help. The main content of this study:. The first chapter mainly discusses the related theory of reverse mortgage loan. The second chapter mainly expounds the domestic and foreign implementation status and experience of reverse mortgage loan of housing for the aged housing, in which the United States is the main. Britain, the two countries with typical significance, for example, summed up its successful experience and learned its lessons. The third chapter discusses the legal obstacles facing the reverse mortgage system in China. Chapter 4th focuses on the author's difficulties in solving the dilemma of the reverse mortgage loan system. Countermeasures. In the third chapter, the author puts forward some concrete suggestions to solve the problem, aiming to do his best to promote the operation of the system.
【学位授予单位】：新疆财经大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D923;D922.28

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