The nature of home mortgage under the regulations of the civil code in Vietnam

Abstract

Home mortgage is one of the civil transactions on the home that is causing mixed views, both in the legal world and in the world of notary practice, lawyers, and the banking legal profession. One of the main causes of these controversies is a misinterpretation of the nature of residential mortgages. The article focuses on analyzing the nature of mortgages, then analyzing the nature of residential mortgages, especially analyzing the views related to the nature of home mortgages of the Supreme People's Court in Vietnam. Document No. 64/TANDTC-PC announces the results of online answers to several problems related to criminal, civil, and administrative proceedings mentioning the view of mortgages in general and home mortgages in particular as a civil conditional property transactions transaction; thereby there are clear statements be given about the nature of a home mortgage, including determining that the mortgage is not a conditional civil transaction, not a civil transaction of property transfer, the transfer of collateral (house) is made only when one of the cases of mortgage disposal occurs.