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Huainan City, Interim Measures On The Administration Of Urban Real Estate And State Land Mortgage

Original Language Title: 淮南市城市房地产和国有土地使用权抵押管理暂行办法

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(Reviewed at the 6th ordinary meeting of the Government of the Turkmen Republic of 15 October 2003 through the adoption of the Decree No. 92 of 20 October 2003 by the Government of the Turkmen Republic)

Article 1 guarantees the legitimate rights and interests of the parties in order to strengthen the management of urban properties and State-owned land-use mortgages, in accordance with the relevant laws, regulations and regulations, such as the National People's Republic of China's Urban Property Management Act, the People's Republic of China Security Act and the Regulations on the Management of Urban Property in the Province of Ankara.
Article 2 provides access to land use within the national land area of the city planning area and engages in property and land-use mortgages (hereinafter referred to as collateral) activities.
Article 3 states that this approach refers to the fact that the collateral provided the collateral to the collateral in a non-transferable manner to the collateral. In the event that the debtor does not meet its obligations, the creditor has the right to be paid as a matter of priority in accordance with the law of the mortgage auction, the price of the sale (consumable price).
Article IV is responsible for the management of urban real estate mortgages, and for the management of State-owned land use rights mortgages (hereinafter referred to as collateral management).
Article 5 mortgages on home ownership, which are collateral for land use within the scope of the house.
The right to land use is mortgaged on the ground and is collateral.
The following properties and land-use rights may be granted:
(i) All houses of the collateral;
(ii) The collateral shall be entitled to be disposed of by law;
(iii) All collateral works;
(iv) The collateral-principated commodity houses;
(v) Land acquired by way of making concessions;
(vi) Other property and land-use rights that are guaranteed by law.
Access to land-use rights by means of allocation may be granted by the municipal and district governments.
Article 7. The following property and land-use rights shall not be granted:
(i) The right is unknown or controversial;
(ii) Public welfare causes such as education, medical care, municipalities;
(iii) Acknowledgement or importance of commemorativeness;
(iv) It has been included in the scope of evictions by law;
(v) Transfers by law in the form of seizure, seizure, regulation;
(vi) Other property and land use rights that are not guaranteed by law.
Article 8. The value of the mortgage may be determined by a qualification assessment body or agreed upon by the collateral party in consultation; the transfer of land-use rights shall be assessed by a qualification assessment body.
Article 9 claims guaranteed by the mortgage shall not exceed their value. More than two mortgages may be granted within the value of the mortgage, and the collateral shall inform the collateral.
Article 10 imposes a mortgage on a shared collateral that limits the share of the collateral.
Shared mortgages are subject to the consent of the whole of the collateral.
The same collateral was granted in two collaterals as the same collateral. However, the collateral party has agreed otherwise.
Article 11 creates mortgages and shall enter into mortgage contracts.
The mortgage contract shall contain the following main elements:
(i) The name and residence of the collateral party;
(ii) Types and amounts of claims;
(iii) The premises of the mortgage, the area of construction, the area of use and the four to others;
(iv) The value of the mortgage;
(v) The duration of the obligation;
(vi) Removal conditions;
(vii) Liability for default;
(viii) Modalities for dispute resolution;
(ix) Other matters agreed by the parties.
The mortgage contract entered into force on the date of registration.
Article 12. The mortgage party may modify or lift the mortgage contract by consensus. Changes or dismissals should be concluded or the contract should be terminated.
There are more than two mortgage rights in one collateral, requiring a change in the mortgagee of the contract, and the consent of other mortgage holders must be obtained.
The collateral contract shall be registered by the collateral management within 30 days of the date of signature.
Article 14.
(i) The identity or legal personality of the collateral party;
(ii) Applications for collateral registration and mortgage contracts;
(iii) Property rights certificates or home ownership certificates, land-use certificates; construction work shall be submitted to the land-use certificate (or land-use certificates), planning licences, engineering budget forms, already invested works, construction schedules, completed works and engineering images; and acquisition of commodity premises shall be submitted to purchase contracts and purchase invoices;
(iv) Information that may prove the value of the mortgage;
(v) Other information required by law.
When the mortgage contract is changed or terminated, the collateral party shall, within 15 days of the date of change or termination, process changes or write-offs by the registered collateral management.
Article 16 shall be reviewed after the collateral management receives the registration application and shall make a decision to register it within 15 days of the date of receipt. All rights are clearly defined, legally binding and fully granted registration and issued his credentials to the collateral; they should be notified in writing.
Article 17 transfers of mortgages shall be communicated to the mortgagee and to the transferee; the transfer of the proceeds shall be made in advance of the liquidation of the debt or the third-party deposit agreed with the collateral.
The collateral that had been mortgaged by law had been included in the scope of evictions, and the collateral should notify the collateraler in a timely manner; the collateral could re-establish the collateral and could also liquidate the debt and lift the mortgage contract in accordance with the law.
In one of the following cases, the collaterale has the right to require the disposal of the mortgage:
(i) The expiration of the debt and the failure of the mortgage-holders to meet the extension agreement;
(ii) The death of the collateral or the death of the death penalty by law, or the legitimate successor of the collateral, the survivor's refusal to honour the debt due;
(iii) The collateral is declared dissolved or insolvent by law;
(iv) In violation of contractual provisions, the collateral shall be disposed of by the collateral;
(v) The mortgagee agreed upon in the mortgage contract has the right to call for other circumstances in which the mortgage is disposed of.
In one of the preceding paragraphs, the collateral party may dispose of mortgages in a lawful manner, such as the auction, in consultation, and may, in accordance with the contractually negotiated settlement, apply to arbitration bodies or to the People's Court.
Article 20, when disposing of mortgages, may be disposed of by law of new homes and mortgages, but the collateral has no right to be paid as a matter of priority.
Article 21
(i) Costs for the disposal of mortgages;
(ii) Removal of taxes to be paid;
(iii) Reimbursement of collateral claims and payment of default payments;
(iv) Compensation for damages for damages incurred by the debtor in breach of the contract against the collateral;
(v) The remaining amount was surrendered to the collateral.
When the collateral of the right to land is disposed of in a manner that is allocated, the collateral will be given priority by the collateral owner after the payment of the due land-use rights in the payment of the proceeds.
The price of the collateral was not sufficient to pay for debt, default and compensation, and the collaterale had the right to pursue the defective portion of the debtor.
Article 2, in which the collateral conceals the existence of common, property disputes or seizures, seizures, etc., or the granting of registration by illegal means, shall assume the corresponding legal responsibility.
Article 23 of the collateral is unlawfully disposed of the mortgage, which is null and void; causes the loss of the collateral or third person and is compensated by the collateral.
Article 24 is not registered by law and is punished by the mortgage administration in accordance with the relevant laws, regulations and regulations.
Article 25
Article 26 provides access to land-use rights in foreign countries in the urban planning area of this city and engages in property and land-use mortgage activities, taking into account this approach.
Article 27 of this approach is implemented effective 1 January 2004.