mortgage Without transferring the collateral pledge The possession of the pledged property must be transferred, otherwise it is not a pledge but a mortgage. The second big difference is that pledge cannot pledge real estate (such as real estate), because the transfer of real estate is not possession, but registration.
Mortgage and pledge are two different ways of security, and their legal consequences are different, as shown below:
Mortgage means obligor Or the third party does not transfer the possession of its specific property, uses the property as security for the creditor's rights, and fails to perform debt When, creditor The property right that has the right to convert the property into money according to law or have priority in getting compensation from the price of auction or sale. The property is called collateral, the debtor or the third person is called the mortgagor, and the creditor is called mortgage People. There are two types of mortgage: statutory and contractual. Statutory, whether agreed or not, must be in accordance with the provisions; If the law allows the parties to agree, they may settle the matter through consultation.
The mortgaged property must be the property owned by the mortgagor that can be transferred, and any property that is prohibited from circulation by law or that is not enjoyed by the parties shall not be used as the mortgaged property. Mortgage guarantee A written contract shall be signed, which also includes the type and amount of the principal debt guaranteed, the time limit for the debtor to perform the debt, the name, quantity, location, ownership and scope of mortgage of the collateral. According to the law, mortgage registration shall be handled for mortgage guarantee, Mortgage contract Effective from the date of registration, the mortgage registration acceptance authority shall be the property management authority, such as land use right The land administration authority, the mortgage registration authority of ships and vehicles, the registration authority of means of transport, etc.
Pledge refers to the real right that the debtor or a third party transfers its specific property to the creditor for possession as a guarantee for the creditor's rights. When the debtor fails to perform its obligations, the creditor has the right to convert the property into money or auction or sell the property in accordance with the law. The property is called the pledge, the person who provides the property is called the pledger, and the person who enjoys the pledge is called the pledgee. The pledge guarantee shall sign a written contract. The pledge contract shall become effective when the pledged property or pledge right is transferred to the pledgee. The contents of the pledge contract are basically the same as those of the mortgage contract.
guarantee law Pledge mortgage The related issues of are described above. Although pledge guarantee and mortgage guarantee are both ways of guarantee in the security law, the differences between them cannot be ignored. Therefore, it is necessary to clarify whether it is pledge guarantee or mortgage guarantee when providing guarantee. Both of them have different regulations on the transfer of the ownership of goods, and property losses cannot be caused due to temporary carelessness.
