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.