1. What properties can't be mortgaged?
People's Republic of China (PRC) Civil Code (implemented since 202 1 1) Article 399 Scope of Property Prohibited from Mortgaging The following property shall not be mortgaged:
(1) Land ownership;
(two) the right to use collectively owned land such as homestead, private plots and private hills, except those that can be mortgaged according to law;
(3) Educational facilities, medical and health facilities and other public welfare facilities of non-profit legal persons established for the purpose of public welfare, such as schools, kindergartens and medical institutions;
(4) Property whose ownership and use right are unknown or controversial;
(5) Property that has been sealed up, detained or supervised according to law;
(6) Other properties that may not be mortgaged according to laws and administrative regulations.
Second, can the names of two people be mortgaged?
Private lending real estate license can be mortgaged under two names. The names of the two people on the property certificate indicate that the property belongs to two people. Property owners should agree to mortgage loans at the same time and jointly sign mortgage loan contracts. There are no restrictions on borrowers. It can be one person or two people, and the mortgagor is the owner of the property. There is no difference between the procedures and ordinary loans, but also the identity certificates of the borrower and the mortgagor (ID card, household registration book, marriage certificate), the borrower's income certificate, a copy of the business license, the corresponding wage income flow, the mortgaged house book and the information on the purpose of the loan. Just go to the bank or intermediary to sign the loan contract and materials.
According to Article 395 of the Civil Law of People's Republic of China (PRC), the following properties that the debtor or a third party has the right to dispose of can be mortgaged:
(a) buildings and other land attachments;
(2) The right to use construction land;
(3) the right to use the sea area;
(4) Production equipment, raw materials, semi-finished products and products;
(5) Buildings, ships and aircraft under construction;
(6) means of transportation;
(seven) other property not prohibited by laws and administrative regulations.
The mortgagor may mortgage the property listed in the preceding paragraph together.
3. Can the land contractual management right be mortgaged?
Land contractual management rights can be mortgaged. Article 34 of the Measures for the Management of the Circulation of Rural Land Contracted Management Right stipulates that rural land such as barren hills, gullies, hills and beaches can be transferred, leased, subscribed, mortgaged or otherwise through bidding, auction and public consultation, and the circulation management shall be implemented with reference to these measures. For your better rights protection.
Legal objectivity:
Article 399 of the Civil Code of People's Republic of China (PRC): (1) Land ownership; (two) the right to use collectively owned land such as homestead, private plots and private hills, except those that can be mortgaged according to law; (3) Educational facilities, medical and health facilities and other public welfare facilities of non-profit legal persons established for the purpose of public welfare, such as schools, kindergartens and medical institutions; (4) Property whose ownership and use right are unknown or controversial; (5) Property that has been sealed up, detained or supervised according to law; (6) Other properties that may not be mortgaged according to laws and administrative regulations.