论我国住房反向抵押贷款机构的权利义务

发布时间：2018-08-27 12:48

【摘要】：与发达国家相比,中国是在人口基数大,经济发展不充分的情况下进入老龄化社会的,面临着更加严峻的养老危机。中国的传统养老形式即子女养老,在应对大量涌现的“四二一”结构家庭和空巢家庭形势下遇到了较多障碍,无法担负起养老保障之重责。国外为缓解养老危机开展的“以房养老”模式已成功运作多年并积累了诸多经验,已经引起我国政府和社会的广泛关注。目前,我国对于以房养老反向抵押贷款机构的研究较少,讨论贷款机构权利义务实现方面缺乏相关阐述,以鉴于此,有必要从住房反向抵押贷款机构的视角进行讨论。本文首先介绍了住房反向抵押贷款的含义及性质,并通过对美国、新加坡、日本的贷款机构选择和运作模式探讨,结合我国现状,界定了我国的贷款方适宜以商业银行为主,保险公司为辅的模式。其次,本文分析了贷款机构在开展此项业务中面临的主要风险以及贷款机构如何有效规避主要风险,实现抵押权、知情权、监督权,取得房产所有权;贷款机构同时应承担信息披露、不得追索、按合同约定发放贷款,尊重借款人赎回权的义务,以及违反合同义务时应当承担的法律责任。最后,进一步提出制度完善的建议,以保障反向抵押贷款机构权利义务的实现。
[Abstract]:Compared with the developed countries, China has entered the aging society under the condition of large population base and insufficient economic development, and is facing a more severe pension crisis. The traditional old-age support form in China, that is, children's old-age care, has encountered many obstacles under the situation of coping with a large number of "four-one" families and empty nest families, and can not afford the heavy responsibility of old-age security. In order to alleviate the crisis of providing for the aged abroad, the mode of "providing for the aged by house" has been successfully operated for many years and accumulated many experiences, which has aroused the widespread concern of our government and society. At present, there is little research on the reverse mortgage institution of housing pension in our country, so it is necessary to discuss it from the perspective of the reverse mortgage institution in view of the lack of relevant elaboration on the realization of the rights and obligations of the loan institution. This paper first introduces the meaning and nature of the housing reverse mortgage loan, and by discussing the choice and operation mode of the loan institutions in the United States, Singapore and Japan, and combining the present situation of our country, defines the suitable commercial bank as the main lender in our country. Insurance companies are complementary to the model. Secondly, this paper analyzes the main risks faced by the loan institution in carrying out this business and how to effectively avoid the main risks, realize the mortgage, the right to know, the right of supervision, and obtain the ownership of the real estate. At the same time, the loan institution shall bear the disclosure of information, shall not pursue the claim, issue the loan according to the contract, respect the obligation of the borrower's right of redemption, and bear the legal liability when the obligation of breach of the contract is violated. Finally, some suggestions are put forward to ensure the realization of the rights and obligations of reverse mortgage institutions.
【学位授予单位】：贵州大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D922.28

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