The mortgaged housing finance contract

The housing finance system, which is known as ?mortgage? in foreign countries, was put into force within the scope of Law No 5582 making regulations in various subjects. The housing finance system has two stages. The first stage is the contract between consumer and housing finance company which is a contract of credit supply arranged as housing finance contracts by the law. The second stage is the process of the issue of contractual liens by securitization. With this second stage, the sustainability of the funds for the housing finance is provided.The housing finance contracts include providing consumers the credits for the purpose of having a house, making it possible for them to rent a house by leasing, and making it possible for them to use credits under the guaranty of their current housings. The credits, which are provided for the re-financing of the credits of that context, are within the context of housing finance.In this study, we dealt with supply of credits to the consumers so as to make them house owners. We named it as ?mortgaged housing finance contract? as we found it suitable to analyze this contract under this title.Main purpose of mortgaged housing finance contract is making consumers house owners. For this reason, we tried to find answers for the questions such as ?What is housing?? and ?What are qualities of the housings that have the possibility to be the subject of a mortgaged housing finance contract?? In the second part, we analyzed the formation and amendment of mortgaged housing finance contract. In the third part, we tried to determine the liabilities of the parties of the contract, and identify its legal quality. In the forth part, we tried to analyze the cases of expiration and prescription of the contract. The fact that whether the mortgaged housing finance contracts as a new type of contract will be able to meet the need or not will be understood in the course of time. In this study, we tried to give our positive and negative opinions regarding the contract.We expect this study to contribute to the applications of housing finance contracts in Turkey by mentioning the fact that our explanations about the controversial matters in the context of this thesis are just humble attempts for the purpose of contributing detailed studies and applications on this subject.Key Words: Mortgaged housing finance contract, housing finance system, housing finance contract, consumer law, consumer credit