1, can be mortgaged property
The Chinese People's *** and State Property Law
Article 180 Scope of mortgaged property
The following properties that the debtor or a third party has the right to dispose of can be mortgaged:?
(1) buildings and other land attachments;?
(ii) construction land use rights;?
(iii) land contract management rights, such as barren land, acquired by bidding, auction, public negotiation, etc.;?
(d) production equipment, raw materials, semi-finished products, products;?
(v) buildings, ships and aircraft under construction;?
(vi) means of transportation; (vii) other properties not prohibited from being mortgaged by laws and administrative regulations. The mortgagor may mortgage the properties listed in the preceding paragraph together.
Article 181 Upon the written agreement of the parties, enterprises, individual industrial and commercial households, and agricultural producers may mortgage the existing as well as future production equipment, raw materials, semi-finished products, and products, and if the debtor fails to perform the due debts or the circumstances agreed upon by the parties for realizing the mortgage occur, the creditor has the right to be compensated preferentially in respect of the movable assets at the time of realizing the mortgage.
2, may not be used as collateral property
The Chinese people's *** and the State Property Law
Article 184 The following property may not be mortgaged: ?
(1) Land ownership;?
(2) collectively owned land use rights such as arable land, residence bases, self-reserved land and self-reserved mountains, except those which may be mortgaged as provided by law;?
(3) schools, kindergartens, hospitals and other institutions for public welfare, social organizations, educational facilities, medical and health facilities and other social welfare facilities;?
(d) ownership, right of use is unknown or disputed property;?
(v) property that has been seized, detained or supervised in accordance with the law;?
(vi) other properties that are not allowed to be mortgaged under laws and administrative regulations.
Expanded Information
The Property Law of the People's Republic of China
Article 179 Basic Rights of Mortgage
In order to secure the fulfillment of the debt, the debtor or a third party does not transfer possession of the property, and mortgages the property to the creditor, and the debtor fails to fulfill the due debt or the occurrence of the The circumstances agreed by the parties to realize the mortgage, the creditor has the right to be paid in priority for the property. The debtor or a third party under the preceding paragraph is the mortgagor, the creditor is the mortgagee, and the property for which security is provided is the mortgaged property.
Article 182 Real Estate Mortgage Relationship
Where a building is mortgaged, the construction land use right within the area occupied by the building is also mortgaged. If the mortgage is made on the right to use the land for construction, the building on the land shall be mortgaged together. If the mortgagor fails to mortgage the property together in accordance with the preceding paragraph, the unpledged property shall be deemed to be mortgaged together.
Article 183 Mortgage of Buildings and Construction Land Use Rights of Townships and Village Enterprises
The construction land use rights of townships and village enterprises may not be mortgaged separately. If a building such as a factory building of a township or village enterprise is mortgaged, the right to use the construction land within the area it occupies shall be mortgaged together.
Article 185 Establishment of Mortgage Rights
To establish a mortgage right, the parties shall enter into a mortgage contract in written form. The mortgage contract generally includes the following provisions:?
(1) the type and amount of the secured claim;?
(ii) the period of time for the debtor to fulfill the debt;?
(iii) the name, quantity, quality, condition, location, ownership or right of use of the mortgaged property;?
(iv) the scope of the security.
Article 186 Prohibition of Exile Mortgage
The mortgagee may not agree with the mortgagor before the expiration of the period for the fulfillment of the debt that the mortgaged property shall be owned by the creditor in the event that the debtor fails to fulfill the debt due.
Article 187 Registration of Mortgage on Real Property
Where a mortgage is made on the property specified in the first to third subparagraphs of the first paragraph of Article 180 of this Law or on a building under construction as specified in the fifth subparagraph, registration of the mortgage shall be made. The mortgage is created from the time of registration.
Article 188 Effect of Mortgage of Movable Assets
Where a mortgage is made on the property specified in the fourth and sixth subparagraphs of the first paragraph of Article 180 of this Law or on a ship or aircraft under construction specified in the fifth subparagraph, the mortgage right shall be established from the time when the mortgage contract comes into effect; and it shall not be registered without registration and shall not be used against bona fide third parties.