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随着专业银行商业化进程的加快、防范和消除金融风险已被金融部门提到重要议事日程,作为降低信贷风险手段之一的抵押贷款已显示出了它的优越性。抵押贷款,因其风险度小、安全性高、灵活简便、易于操作、正日渐广泛地为金融单位所采取。但是,在办理抵押贷款过程中,以下问题如不重视研究和解决,抵押也只是形同虚设,“抵”而不“押”。一、抵押物标的是否合法。这是抵押关系成立与否的首要条件。如果借款人所提供的抵押物为不可担保的,抵押合同无效,反之,则抵押关系成立。依据《担保法》第34、36、37条之规定,有以下财产不得用于抵押:(一)土地的所有权;(二)耕地、宅基
With the acceleration of the commercialization of specialized banks, preventing and eliminating financial risks has been mentioned by the financial sector as an important agenda. As one of the means of reducing credit risk, the mortgage loan has shown its superiority. Mortgages are increasingly being taken by financial institutions because of their low level of risk, safety, flexibility, simplicity and ease of use. However, in the process of mortgage loans, the following problems, if not paid attention to research and settlement, mortgage is only non-existent, “” “”. First, the object of the mortgage is legal. This is the primary condition for the establishment of a mortgage relationship. If the loan provided by the borrower is unsecured, the mortgage contract is invalid, and vice versa, the mortgage relationship is established. Pursuant to Articles 34, 36 and 37 of the Guarantee Law, the following property shall not be used for mortgage: (1) ownership of land; (2) farmland, homestead