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自1848年被清政府割让以来,香港地区的法律体系基本上沿袭了英国本土的法律制度,英国的判例法和衡平法直接或间接地作为香港法律的渊源,是属于我们通常所说的英美法系,又称判例法系。后来,随着香港的发展,成文法已渐渐成为主要形式的法律。但香港法律制度整体原则依赖于英国的法律原则,带着浓厚的英国色彩,房地产的按揭和抵押亦是如此。下面简要介绍香港房地产抵押制度中几个概念和问题。一、按揭和抵押的概念在香港,抵押担保形式在英文中主要是分为Mortgage 和 Charge 两个概念。香港为了区分 Mort-gage 与 Charge 的不同,把 Mortgage 称为按揭,Charge 称为抵押(本文所述的按揭和抵押为Mortgage 和 Charge)。
Since the confession by the Qing government in 1848, the legal system in Hong Kong has basically followed the British legal system. The English case law and equity law, directly or indirectly, originated from the laws of Hong Kong and belong to what we commonly call the Anglo-American law Department, also known as case law. Later, with the development of Hong Kong, statutory law has gradually become the main form of law. However, the overall principle of the legal system in Hong Kong relies on the legal principles of the United Kingdom. With a strong British flavor, real estate mortgages and mortgages are also the case. Here are some of the concepts and issues in Hong Kong’s real estate mortgage system. First, the concept of mortgage and mortgage In Hong Kong, the form of mortgage guarantee in English is mainly divided into two concepts Mortgage and Charge. Hong Kong To differentiate Mort-gage from Charge, Mortgage is called a mortgage and Charge is a mortgage (Mortgage and Charge are described in this article).