房贷险存废论

住房金融巨大风险对强化房贷保险作用的现实需要,与旷日已久的所谓"强制保险"的法律困惑,形成了房贷险存与废的博弈。保险金物上代位机制使抵押物保险具有了双重保障机理,决定了抵押权人干预抵押物保险合同的法理依据及其权利界限,银行放弃房贷险只是一种弃权行为;房贷履约保证保险本质上具有人身保险属性,其设定的目的是取代住房抵押担保,应与住房财产险分离而免于银行的强制;房贷险本身的设计缺陷和业务不规范行为必须全面矫正;须尽快加强我国的消费信贷立法。

The legislative reflection on the retention and abolishment of mortgage insurance

The measure that central bank abandoned loans to the house insurance is not a final findings or conclusion at present,and then rational study for the problem of mortgage insurance has became a very really urgent and necessary;House property insurance in the mortgage insurance mainly involves in the problem of subrogation in things.The application of subrogation in things for the hypothec makes mortgagee enjoy the claim to mortgage insurance,and many rights mortgagee enjoys according to the law of insurance have been restricted to hypothec;But the bank has no right to put forward the requirement to insurance of pledge of performing contracts in mortgage insurance,and then legislator should separate it from the property insurance of the house in performance.Design deficiencies and operational irregularities in mortgage insurance itself must be comprehensively redressed.Government should strengthen our consumer credit legislation as soon as possible.