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Why can't the creditor's rights of the main contract of the maximum mortgage be transferred?

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Why can't the creditor's rights of the main contract of the maximum mortgage be transferred?


        

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  • 2024-06-14 15:00:57

    Because this is expressly prohibited by the Property Law of the People's Republic of China, once transferred, the transfer of the creditor's right of the main contract will become a common creditor's right that is separated from the maximum mortgage guarantee. Property Law of the People's Republic of China: Article 204 Unless otherwise agreed by the parties, the mortgage right of the maximum amount may not be transferred if part of the creditor's rights are transferred before the creditor's rights secured by the maximum amount mortgage are determined. How long is the time limit for real estate registration? Property Law of the People's Republic of China: Article 14 The establishment, change, transfer and extinction of the real estate property rights, which shall be registered according to the law, shall come into force when recorded in the real estate register. Article 15 Unless otherwise provided by law or by the contract, a contract between the parties for the establishment, modification, transfer and extinction of the real right of a realty shall come into force when the contract is formed; Failure to register the real right shall not affect the validity of the contract. Article 23 The establishment and transfer of the real right of a chattel shall become effective upon delivery, except as otherwise provided by law. Article 24 The establishment, alteration, transfer and extinction of the real rights of ships, aircraft and motor vehicles shall not act against a bona fide third party without registration. Article 25 Before the establishment and transfer of the real right of a chattel, if the obligee has legally possessed the chattel, the real right shall come into force when the legal act takes effect. The above is about why the creditor's right of the main contract of the maximum mortgage cannot be transferred? Have you learned the knowledge of law?

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    2024-06-14 15:00:57

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