The commodity house that the earthquake destroys mortgages loan, whether even does the victim continue to repay? Before this, controller of each commercial bank all makes known his position, loan is impossible " say derate with respect to derate " . Inform according to what silver-colored inspect meets and explain, the victim has a proof to be able to offer reimbursement without belongings truly, can mortgage its commodity house loan to maintain for bad debt, but " superintendency layer cannot ask the bank absolves a room completely to borrow a loss " , "Bad debt of bank cancel after verification still must follow commercial principle " .

So called " commercial principle " what to point to after all, the basis concerns a respect " still " , " commerce " expression, can know its meaning without exception: It is in basic in principle, shake destroys commodity house mortgage loan to still hold to " the person is in in debt, be in debt return money " commercial iron rule; 2 if go up objectively to cannot collect debt really,be, criterion usual practice of industry of banking of continue to use, inspect slow-witted debt to give cancel after verification. The meaning below character, house of disaster area commodity mortgages paragraph otherwise to want to repay, do not depend on a building whether damage, and depend on owner having free debt capacity; If owner has other property to be able to offer reimbursement, although primary goods house vanishs completely, mortgage debt not to cease stop.

Afore-mentioned dealing with train of thought, weigh what financial industry falls in normal circumstance basically to go up " commercial principle " . But, "People mentions a principle, because have exceptional presence,be; And convention need not be abided by below exceptional circumstance, this itself also is a principle " . Look from all sorts of circumstances, shake of earth of plain of short of Wenshui River cannot regard as normally condition. To the commodity house that disaster area is damaged to be destroyed completely especially, its mortgage reimbursement must firmly holds " special situation " and " fairness is reasonable " these two keywords, can mix toughly anything but the general processing mode below simple apply mechanically whack.

In fact, in " be in debt return cancel after verification of money, bad debt " this " commercial principle " besides, current still principle of another international commerce, namely " circumstances changes a fundamental " . Alleged " circumstances is changed " , it is to because party cannot expect,point to, indispensable the external state of affairs that also cannot prevent changes, make of the contract fulfill a foundation not answer exist or right obligation is shown when breaking fairness, one party party can put forward to change or remove contract. All over the world is accepted, the earthquake belongs to typical situation to change main content.

Circumstances change, saying with its is legal principle, still be inferior to saying is actual choice. If be opposite,the relationship of sends unripe tremendous change creditor's rights debt after shake foreshock does not grant necessary flexible, the dweller that rebuilds after calamity and business are very hard rise quickly from inside heavy debt load, more what is more,the rather that shake destroys commodity house to be attributed to functional sex total loss, its are original mortgage a paragraph to will become brushstroke to lose contract bid, fulfil the contract that has contract sense no longer.
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