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随着现代社会经济的发展,出于融资便利的需要,商业银行开始广泛开展在建工程抵押贷款业务。因该业务抵押标的物“在建工程”的特殊性,加之法律、法规未对在建工程抵押担保问题作出明确规定,在实务操作中,商业银行常常遇到一些法律问题与障碍,笔者主要就这些问题进行分析,望对相关法律实务有所裨益。
With the development of modern society and economy, due to the need of financing convenience, commercial banks have started extensive mortgage loan business under construction. Due to the special nature of the subject of the mortgage business “construction in progress ” and the fact that the laws and regulations have not clearly stipulated the mortgage guarantee issue for the construction in progress, commercial banks often encounter some legal problems and obstacles during the practical operation. Mainly on these issues for analysis, hope that the relevant legal practice of some benefit.