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一、序言土地典押,或者说用益权的典押,是一种相互关联的土地/信贷交易。在此交易中,典出人为在某个特定时期获得一笔贷款,把其耕作权暂时地转让给承典人并一致同意以还本不付息的方式收回耕作权。虽然这样一种契约在亚洲其它国家并不罕见,但近年来在菲律宾稻作区却特别盛行。菲律宾之所以独有这种现象,是因为通过典押转让的未必是土改受益者(即定额租地农和分期偿付地价的自耕农)的土地所有权,而更为重要的是该受益者的土地耕作权。
I. Preface The land mortgage, or usufruct, is an interrelated land / credit transaction. In this transaction, a typical person obtained a loan for a certain period of time and temporarily transferred his farming rights to Chengde People and agreed to recover the farming rights by repaying the non-interest payment. Although such a contract is not uncommon in other Asian countries, it has been particularly prevalent in the rice paddies in the Philippines in recent years. The reason the Philippines owns this phenomenon is that the land transferred through the pawn may not be the land titles of the beneficiaries of land reform (that is, the self-cultivating farmers who rent land and pay installments by land) and, even more important, the land cultivation of the beneficiaries right.