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房屋期权抵押虽然在《城市房地产管理法》中没有规定,但在许多地方性规章中有不同程度的涉及.《上海市房地产抵押管理办法》对期权进行了如下定义:“房屋期权是指以买卖合同约定将来某一时间取得房屋所有权或者以建筑工程承包合同约定将来某时间取得建成房屋的权利”.根据上述定义,期权抵押主要有两种形式:一是为获得买房资金,买方作为抵押人以买卖合同就未来取提该房屋的权利设定抵押权;也就是通常所说的按揭.二是为获得建房资金,卖方作为抵押人以获准在建的房屋承包合同设定抵押权(以下简称承包合同抵押).此时的房屋期权可以有实物形态,即在建工程,也可以没有实物形态,仅仅是一种权利.无疑,期权抵押为买卖双方提供广资金,促进了房地产开发建设.由于作为期权抵押的实体还没有建成,权利处
Although not regulated in the “Urban Real Estate Management Law”, mortgage of housing options is involved to varying degrees in many local regulations.Shanghai Real Estate Mortgage Management Measures define the options as follows: “Housing options refer to trading The contract stipulates that at some time in the future the ownership of the house may be obtained or the right to build the house may be obtained at a later time as agreed in the construction contract. ”According to the above definition, there are mainly two forms of option mortgages: first, for the purchase of funds, the buyer as the mortgager The sale and purchase contract sets the right of mortgage for the future with reference to the right of the house, which is what is commonly referred to as a mortgage. Second, in order to obtain funds for the construction of houses, the seller as a mortgagor will be allowed to set up a mortgage for the contract of housing under construction Contracting contract mortgage.) Housing options at this time can be physical form, that is, under construction, or no physical form, is just a right.Undoubtedly, options mortgage for both buyers and sellers to provide a wide range of funds, and promote the real estate development and construction.As a result of The entity charged as an option has not yet been built, the rights office