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第一章总则第一条为加强本市房地产抵押管理,维护房地产秩序,保障抵押人和抵押权人的合法权益,根据国家有关法律、法规的规定,制定本办法。第二条凡以本市行政区域内的房地产进行抵押的,适用本办法。第三条设立房地产抵押,应遵循自愿、互利、公平和诚实信用的原则。依法设立的房地产抵押,受法律保护。第四条本市实行房地产抵押登记制度。第二章抵押的设定第五条下列房地产,可以依照本办法设立抵押:(一)依法通过出让、转让方式取得的国有土地(以下简称土地)使用权。(二)依法取得所有权或期得权益的房屋(含附属物)。(三)法律、法规规定的其他可以抵押的房地产。第六条下列房地产不得设定抵押:(一)权属有争议的房地产。(二)未设定租赁期限的出租住宅房屋。(三)已依法公告在国家建设征用拆迁范围的房地产。(四)用于教育、医疗、市政等公共福利事业的房地产。(五)列为文物保护的古建筑。(六)被依法查封、扣押或采取其它讼诉保全措施的房地
Chapter I General Provisions Article 1 These Measures are formulated in accordance with the provisions of the relevant state laws and regulations in order to strengthen the mortgage management of real estate in this Municipality, safeguard the order of real estate and guarantee the legitimate rights and interests of the mortgagor and the mortgagee. Article 2 Where mortgages are carried out in real estate within the administrative area of this Municipality, these Measures shall apply. Article 3 The establishment of real estate mortgage should follow the principle of voluntariness, mutual benefit, fairness and honesty and credibility. Real estate mortgages established according to law shall be protected by law. Article 4 The city implements the real estate mortgage registration system. Chapter II Settlement of Mortgages Article 5 The following real estate may be set up as mortgages in accordance with the present Measures: (1) The right to use state-owned land (hereinafter referred to as the land) obtained by means of transfer or transfer in accordance with the law. (2) houses (including appendages) that have acquired ownership or are entitled to rights according to law. (3) Other realizable mortgages provided by laws and regulations. Article 6 The following real estate may not be set as mortgages: (1) Ownership of contentious real estate. (B) rental housing is not set rental period of the house. (III) According to law, it has announced the construction of real estate within the scope of requisition and demolition in the country. (D) for education, health care, municipal services and other public welfare real estate. (E) listed as ancient buildings of cultural relics protection. (6) The premises that have been sealed up, seized or taken other suit for preservation according to law