论我国推行住房反向抵押贷款的法律制度保障∗

摘要

With the aging of population, we need a variety of old-age security measures. Housing reverse mortgage loan would complement existing aged support pattern. The premise of the housing reverse mortgage loan is that aged people have ownership of the house and can exchange the house freely. However, the market of housing reverse mortgage loan is still in its infancy, and the legal sys⁃tem is unsound, its consequence is the law system needs to be improved. For this purpose,systems of reverse mortgage and the limita⁃tion to the mortgager should be built to correct imperfections that reverse mortgage loan is regulated by the laws which regulate regular mortgage loan, which would liberate aged people who mortgage their houses from economic worry. The system of the right to use con⁃struction land for dwelling houses should be improved, and that the right to use construction land automatically renewed for free should be put forward clearly. When the right to use construction land is to be mortgaged, all the buildings on such land should be allowed to be mortgaged together. Barriers that limit the right to use construction land to be mortgaged should be removed.%我国老龄化问题日趋严重，亟须多样化的养老保障措施。住房反向抵押贷款是现有养老模式的有益补充，这一养老模式的运行前提是老年人对住房享有所有权且能实现其自由流转。我国住房反向抵押贷款市场尚处于起步阶段，相关法律制度还不健全。住房反向抵押贷款的推行需要相应的法律制度进行规范和引导，为此，要建立反向抵押贷款制度和抵押权人权利限制制度，以弥补正向抵押贷款制度调整反向抵押贷款法律关系的不足，消除老年人将住房抵押的后顾之忧；要完善住宅建设用地使用权制度，明确建设用地使用权期满后自动续期为无偿续期；要允许宅基地使用权与农民住房一并抵押，消除法律上对宅基地使用权作为抵押物的限制。