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Can the mortgage contract be concluded orally

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Can the mortgage contract be concluded orally


        

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  • 2024-06-15 13:00:48

    A mortgage contract may not be concluded orally. A mortgage contract must be concluded in writing before a mortgage right can be established.

    According to the provisions of the Civil Code, the parties concerned shall conclude a mortgage contract in writing when establishing a mortgage.

    The mortgage contract generally includes the following clauses:

    (1) The type and amount of secured claims;

    (2) The time limit for the debtor to perform its obligations;

    (3) The name and quantity of the mortgaged property;

    (4) Scope of guarantee.

    Legal basis

    Article 400 [Mortgage Contract] of the Civil Code of the People's Republic of China establishes a mortgage right, and the parties concerned shall conclude a mortgage contract in writing.
    The mortgage contract generally includes the following clauses:
    (1) The type and amount of secured claims;
    (2) The time limit for the debtor to perform its obligations;
    (3) The name and quantity of the mortgaged property;
    (4) Scope of guarantee.

    Wu***

    2024-06-15 13:00:48

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