Study on Perfecting the Mortgage Rules of the Right to Use Collective Commercial Construction Land
The mortgage of the right to the use of collective commercial construction land is an important way to make up for the funding gap of rural development.In the collective management of construction land,township and village enterprises that meet the market conditions for the right to the use of construction land shall be mortgaged separately;The owner of collective land can also use the right to the use of collective commercial construction land as mortgage.The establishment of the mortgage of the right to the use of the collective commercial construction land is based on the registration of the ownership and use right of the collective commercial construction land,and the mortgage is established at the time of registration of the mortgage.It is necessary for the owner of the collective profit-oriented construction land to mortgage the right to use the collective profit-oriented construction land for approval by the members of the collective economic organization.In view of the fact that the land use right and the house property right are independent property rights units with exchange value respectively,the mortgagor may mortgage the construction land use right and the above-ground building respectively,and the mortgagee may only have priority in compensation for the conversion price of the mortgage subject matter registered with him.When the mortgage right is realized,the internal members of the collective shall not have the priority to transfer the right to use the collective commercial construction land that is disposed of.
mortgage of the right to the use of collective for-profit construction landscope of mortgagemortgage registrationfair protection of property rights
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