不动产收益权质押贷款研究

不动产收益权质押作为一种新型金融业务 ,体现着新型的法律关系。它具有权利标的的特殊性、主体的特定性、质权实现方式的独特性等特征。不动产收益权质押的设定须由政府向上级主管部门申请办理行政许可 ,当事人须订立书面质押合同 ,并办理登记。它对质权人和出质人具有不同的效力。对不动产收益权质押而言 ,《担保法》存在不合时宜、不完善、系统性与科学性欠缺等问题 ,应尽快修改完善

A Study of Hypothecate Loan of Usufruct from Immovable Properties

Hypothecate loan of usufruct from immovable properties is a brand new financial business, which implies a new legal nexus. Hypothecate of usufruct from immovable properties has many characters: particularity in tender; specialty in main body; and uniqueness in the way of hypothecate realization. It has to be set by the government on the basis of the permission from a higher authority. Moreover, a registered written contract, which has also to be signed by both parties, has different effects on the clients. The current Guarantee Law has several shortcomings and needs to be modified with respect to the hypothecate of usufruct from immovable property.