Rule number two In economic activities such as lending, trading, cargo transportation, processing and contracting, if the creditor needs to guarantee the realization of his creditor's rights by way of guarantee, he may establish a guarantee in accordance with the provisions of this Law.
The guarantee methods stipulated in this Law are guarantee, mortgage, pledge, lien and deposit.
Rule three. Guarantee activities shall follow the principles of equality, voluntariness, fairness, honesty and credibility.
Article 4? When a third party provides a guarantee for the debtor to the creditor, it may require the debtor to provide a counter-guarantee.
Counter-guarantee shall be governed by the provisions of this law on guarantee.
Article 5? The guarantee contract is a subsidiary contract of the main contract. The main contract is invalid, and the guarantee contract is invalid. If there are other provisions in the guarantee contract, such provisions shall prevail.
If the debtor, guarantor and creditor are at fault after the guaranty contract is confirmed to be invalid, they shall bear corresponding civil liabilities according to their faults.
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Chapter two? Promise? certificate
The first section? Guarantor and guarantor
Article 6? The term "guarantee" as mentioned in this Law refers to the act that the guarantor and the creditor agree that when the debtor fails to perform the debt, the guarantor will perform the debt or assume the responsibility according to the agreement.
Article 7? Legal persons, other organizations or citizens who have the ability to pay off debts on their behalf may act as guarantors.
Article 8? State organs may not act as guarantors, except those who use loans from foreign governments or international economic organizations for lending with the approval of the State Council.
Article 9? Schools, kindergartens, hospitals and other public welfare institutions and social organizations shall not be used as guarantors.
Article 10? Branches and functional departments of an enterprise as a legal person shall not act as guarantors.
If the branch of an enterprise as a legal person has written authorization from the legal person, it may provide guarantee within the scope of authorization.
Article 11? No unit or individual may force banks and other financial institutions or enterprises to provide guarantees for others; Banks and other financial institutions or enterprises have the right to refuse to force them to provide guarantees for others.
Article 12? If there are more than two guarantors for the same debt, the guarantors shall bear the guarantee liability according to the guarantee share agreed in the guarantee contract. If there is no agreement on the share of guarantee, the guarantor shall bear joint and several liability, and the creditor may require any guarantor to bear all the guarantee liability, and the guarantor is obliged to ensure the realization of all the creditor's rights. The surety who undertakes the suretyship liability has the right to recover from the debtor, or ask other sureties who undertake joint liability to pay off their share.
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Part two? Guarantee contract and guarantee method
Article 13 A guarantor and a creditor shall conclude a guarantee contract in writing.
Article 14 A guarantor and a creditor may conclude a guarantee contract separately for a single main contract, or within the maximum amount of creditor's rights, they may conclude a guarantee contract for a loan contract or a commodity transaction contract that occurs continuously within a certain period of time.
Article 15 A guarantee contract shall include the following contents:
(1) The type and amount of the secured principal creditor's rights;
(2) The time limit for the debtor to perform the debt;
(3) the method of guarantee;
(4) the scope of guarantee;
(5) Guarantee period;
(six) other matters that both parties think need to be agreed.
If the guarantee contract does not fully comply with the provisions of the preceding paragraph, it may be supplemented.
Article 16 The guarantee method is:
(1) general guarantee;
(2) Joint and several liability guarantee.
Article 17? If the parties agree in the suretyship contract that the surety shall bear the suretyship liability when the debtor fails to perform the debt, it is a general suretyship.
The guarantor of a general guarantee may refuse to undertake the guarantee liability to the creditor before the main contract dispute has been tried or arbitrated and the debtor's property has been enforced according to law.
Under any of the following circumstances, the guarantor shall not exercise the rights specified in the preceding paragraph:
(1) The debtor's domicile has changed, and the creditor has great difficulty in asking him to perform his debts;
(2) The people's court accepts the bankruptcy case of the debtor and suspends the execution procedure;
(3) The guarantor waives the rights stipulated in the preceding paragraph in writing.
Article 18? If the parties agree in the guarantee contract that the guarantor and the debtor shall be jointly and severally liable for the debt, it is a joint liability guarantee.
If the debtor of joint and several liability guarantee fails to perform the debt at the expiration of the debt performance period agreed in the main contract, the creditor may require the debtor to perform the debt, or may require the guarantor to assume the guarantee liability within the scope of its guarantee.
Article 19 If the parties have not agreed on the method of guarantee or the agreement is unclear, they shall bear the guarantee liability according to the joint and several liability guarantee.
Article 20? The guarantor of general guarantee and joint and several liability guarantee enjoys the debtor's right of defense. If the debtor waives the right of defense against the debt, the guarantor still has the right of defense.
The right of defense refers to the right of the debtor to exercise the right of claim against the creditor according to legal reasons when the creditor exercises his creditor's rights.
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Part three? obligation under bond
Article 21? The scope of guarantee includes the principal creditor's rights and interest, liquidated damages, damages and expenses for realizing creditor's rights. If there are other provisions in the guarantee contract, such provisions shall prevail.
Where the parties have not agreed on the scope of guarantee or the agreement is unclear, the guarantor shall be liable for all debts.
Article 22? During the guarantee period, if the creditor transfers the principal creditor's rights to a third party according to law, the guarantor shall continue to bear the guarantee responsibility within the original guarantee scope. If there are other provisions in the guarantee contract, such provisions shall prevail.
Article 23? During the guarantee period, if the creditor allows the debtor to transfer the debt, it shall obtain the written consent of the guarantor, and the guarantor shall no longer be liable for the debt transferred without his consent.
Article 24? Where the creditor and the debtor agree to change the main contract, they shall obtain the written consent of the guarantor. Without the written consent of the guarantor, the guarantor will no longer bear the guarantee responsibility. If there are other provisions in the guarantee contract, such provisions shall prevail.
Article 25? Where the guarantor of a general guarantee and the creditor have not agreed on the guarantee period, the guarantee period shall be six months from the expiration of the performance period of the principal debt.
If the creditor fails to bring a lawsuit or apply for arbitration to the debtor during the guarantee period stipulated in the contract and the guarantee period stipulated in the preceding paragraph, the guarantor shall be exempted from the guarantee liability; If the creditor has filed a lawsuit or applied for arbitration, the provisions on interruption of limitation of action shall apply during the guarantee period.
Article 26? If the guarantor of joint and several liability guarantee and the creditor have not agreed on the guarantee period, the creditor has the right to require the guarantor to assume the guarantee responsibility within six months from the date of expiration of the independent debt performance period.
If the creditor fails to require the guarantor to assume the guarantee responsibility during the guarantee period agreed in the contract and the guarantee period stipulated in the preceding paragraph, the guarantor shall be exempted from the guarantee responsibility.
Article 27? In accordance with the provisions of Article 14 of this Law, the guarantor guarantees continuous creditor's rights. If the guarantee period is not stipulated, the guarantor may notify the creditor in writing to terminate the guarantee contract at any time, but the guarantor shall be liable for the creditor's rights that occurred before notifying the creditor.
Article 28? Where the same creditor's right is secured by two things, the guarantor shall be liable for the creditor's right other than the guarantee of things.
If the creditor waives the property guarantee, the guarantor shall be exempted from the guarantee liability within the scope of the creditor's waiver of rights.
Article 29? If a branch of an enterprise as a legal person enters into a guarantee contract with a creditor without the written authorization of the legal person or beyond the scope of authorization, the contract or the part beyond the scope of authorization is invalid. If the creditor and the enterprise as a legal person are at fault, they shall bear corresponding civil liabilities respectively according to their faults; If the creditor is not at fault, the enterprise as a legal person shall bear civil liability.
Article 30? In any of the following circumstances, the guarantor shall not bear civil liability:
(a) the parties to the main contract collude to defraud the guarantor to provide a guarantee;
(two) the creditor of the main contract uses fraud, coercion and other means to make the guarantor provide a guarantee against the true meaning.
Article 31? After assuming the guarantee responsibility, the guarantor has the right to recover from the debtor.
Article 32? After the people's court accepts the debtor's bankruptcy case, if the creditor fails to declare his creditor's rights, the guarantor may participate in the distribution of bankrupt property and exercise the right of recourse in advance.
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Chapter three? Arrive? sign
The first section? Mortgage and guarantee
Article 33? The term "mortgage" as mentioned in this Law means that the debtor or a third party does not transfer the possession of the property listed in Article 34 of this Law, and uses the property as a guarantee for the creditor's rights. When the debtor fails to perform his debts, the creditor shall have the right to discount or give priority to compensation with the price of auction or sale of property in accordance with the provisions of this law.
The debtor or the third party specified in the preceding paragraph is the mortgagor, the creditor is the mortgagee, and the property provided as guarantee is the collateral.
Article 34? The following properties can be mortgaged:
(1) Houses and other things fixed on the ground owned by the mortgagor;
(2) Machines, means of transport and other property owned by the mortgagor;
(three) the right to use state-owned land, houses and other fixed objects on the ground that the mortgagor has the right to dispose of according to law;
(4) State-owned machinery, vehicles and other property that the mortgagor has the right to dispose of according to law;
(five) the land use right of barren hills, gullies, hills and beaches contracted by the mortgagor according to law and mortgaged with the consent of the employer;
(six) other property that can be mortgaged according to law.
The mortgagor may mortgage the property listed in the preceding paragraph together.
Article 35? The creditor's rights secured by the mortgagor shall not exceed the value of the mortgaged property.
If the value of the mortgaged property is greater than the balance of the secured creditor's rights, it may be mortgaged again, but it shall not exceed the balance.
Article 36? If a house on state-owned land obtained according to law is mortgaged, the right to use state-owned land within the scope occupied by the house shall be mortgaged at the same time.
If the right to use state-owned land obtained by transfer is mortgaged, the houses on the state-owned land shall be mortgaged at the same time.
The land use right of township (town) village enterprises shall not be mortgaged separately. Where buildings such as factories of township (town) and village enterprises are mortgaged, the land use right within the occupied area shall be mortgaged at the same time.
Article 37? The following properties shall not be mortgaged:
(1) Land ownership;
(2) The right to use collectively-owned land, such as cultivated land, homestead, private plots and private hills, except as provided for in Item 5 of Article 34 and Paragraph 3 of Article 36 of this Law;
(3) Educational facilities, medical and health facilities and other public welfare facilities of schools, kindergartens, hospitals and other institutions and social organizations;
(4) Property whose ownership and use right are unknown or controversial;
(5) Property that has been sealed up, detained or supervised according to law;
(six) other property that may not be mortgaged according to law.
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Part two? Mortgage contract and collateral registration
Article 38? The mortgagor and the mortgagee shall conclude a mortgage contract in writing.
Article 39? The mortgage contract shall include the following contents:
(1) The type and amount of the secured principal creditor's rights;
(2) The time limit for the debtor to perform the debt;
(3) Name, quantity, quality, condition, location, ownership or right to use the mortgaged property;
(4) The scope of mortgage guarantee;
(five) other matters that the parties think need to be agreed.
If the mortgage contract does not fully comply with the provisions of the preceding paragraph, it may be supplemented.
Article 40? When concluding a mortgage contract, the mortgagee and the mortgagor shall not stipulate in the contract that the ownership of the mortgaged property shall be transferred to the creditor when the mortgagee is not paid off at the expiration of the debt performance period.
Article 41? Where a party mortgages the property specified in Article 42 of this Law, it shall register the mortgaged property, and the mortgage contract shall take effect from the date of registration.
Article 42? The departments that handle mortgage registration are as follows:
(a) the land management department that issued the land use right certificate if there is no mortgage of the land use right fixed on the ground;
(two) departments designated by the local people's governments at or above the county level with urban real estate or buildings such as factory buildings of township (town) and village enterprises as collateral;
(3) Where forest trees are mortgaged, the competent forestry authorities at or above the county level;
(4) Where an aircraft, ship or vehicle is mortgaged, the means of transport registration department;
(5) Where the equipment and other movable property of the enterprise are mortgaged, the administrative department for industry and commerce where the property is located.
Article 43? If the parties use other property as collateral, they can register the collateral voluntarily, and the mortgage contract will take effect from the date of signing.
If a party fails to register the mortgaged property, it may not oppose a third party. Where the parties concerned register the mortgaged property, the registration department shall be the notary department where the mortgagor is located.
Article 44? To register collateral, the following documents or their copies shall be provided to the registration department:
(a) the main contract and mortgage contract;
(2) Proof of ownership or right to use the mortgaged property.
Article 45? The materials registered by the registration department shall be allowed to consult, copy or copy.
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Part three? Effectiveness of mortgage
Article 46? The scope of mortgage guarantee includes principal creditor's rights and interest, liquidated damages, damages and expenses for realizing mortgage right. Unless otherwise agreed in the mortgage contract, such agreement shall prevail.
Article 47? If the debtor fails to perform the debt and the collateral is sealed up by the people's court according to law, the mortgagee has the right to collect the natural fruits separated from the collateral and the legal fruits that the mortgagor can collect from the collateral from the date of sealing up. If the mortgagee fails to inform the debtor that the legal fruits of the mortgaged property should be paid off, the mortgage is less effective than the fruits.
For the fruits mentioned in the preceding paragraph, the fees for collecting fruits shall be paid in advance.
Article 48? Where the mortgagor mortgages the leased property, it shall inform the lessee in writing that the original lease contract will continue to be valid.
Article 49? During the mortgage period, if the mortgagor transfers the registered mortgaged property, it shall notify the mortgagee and inform the transferee of the mortgaged property; If the mortgagor fails to notify the mortgagee or assignee, the transfer is invalid.
If the transfer price of the mortgaged property is obviously lower than its value, the mortgagee may require the mortgagor to provide corresponding guarantee; If the mortgagor fails to provide it, the mortgaged property shall not be transferred.
The proceeds from the mortgagor's transfer of the mortgaged property shall be paid off in advance to the mortgagee or deposited with a third party agreed with the mortgagee. The part exceeding the amount of creditor's rights belongs to the mortgagor, and the insufficient part is paid off by the debtor.
Article 50? The mortgage right shall not be transferred separately from the creditor's rights or used as a guarantee for other creditor's rights.
Article 51? If the mortgagor's behavior is enough to reduce the value of the collateral, the mortgagee has the right to ask the mortgagor to stop his behavior. When the value of the collateral decreases, the mortgagee has the right to require the mortgagor to restore the value of the collateral or provide a guarantee equivalent to the decreased value.
If the mortgagor is not at fault for reducing the value of the collateral, the mortgagee can only ask for a guarantee within the scope of compensation obtained by the mortgagor for the damage. The part of the mortgaged property whose value has not been reduced shall still be used as the guarantee of the creditor's rights.
Article 52? The mortgage right and its secured creditor's rights exist at the same time, and if the creditor's rights are eliminated, the mortgage right is also eliminated.
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The fourth quarter? Realization of mortgage right
Article 53? If the mortgagee is not paid off at the expiration of the debt performance period, he may agree with the mortgagor to discount the collateral or be compensated with the price of auction or sale of the collateral; If the agreement fails, the mortgagee may bring a lawsuit to the people's court.
After the mortgage is discounted, auctioned or sold, the part of the price that exceeds the amount of creditor's rights belongs to the mortgagor, and the insufficient part is paid off by the debtor.
Article 54? If the same property is mortgaged to more than two creditors, the proceeds from auction and sale of the mortgaged property shall be paid off in accordance with the following provisions:
(1) If the mortgage contract becomes effective after registration, it shall be paid off in the order of mortgage registration; In the same order, it shall be paid off according to the proportion of creditor's rights;
(2) The mortgage contract shall take effect from the date of signing, and if the mortgaged property has been registered, it shall be paid off in accordance with the provisions in Item (1) of this article; If it is not registered, it shall be paid in the order of the effective time of the contract, and if it is in the same order, it shall be paid in proportion to the creditor's rights. The registered collateral should be paid before the unregistered collateral.
Article 55? After the signing of the Urban Real Estate Mortgage Contract, the new house on the land will not be used as collateral. When the mortgaged real estate needs to be auctioned, the new houses on the land can be auctioned together with the mortgaged property according to law, but the mortgagee has no priority to be compensated for the proceeds from the auction of the new houses.
Mortgage the land use right of contracted wasteland in accordance with the provisions of this law, or mortgage the land use right within the occupied area of buildings such as factories of township (town) and village enterprises. After the mortgage is realized, the collective ownership and land use of the land shall not be changed without legal procedures.
Article 56? After paying the amount equivalent to the payable land use right transfer fee according to law, the mortgagee has the priority to be compensated for the proceeds from the auction allocation of state-owned land use rights.
Article 57? A third party who provides mortgage guarantee for the debtor has the right to recover from the debtor after the mortgagee realizes the mortgage right.
Article 58? The mortgage right is extinguished due to the loss of collateral. Damages should be used as mortgaged property.
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Section 5? Maximum mortgage loan
Article 59? The maximum mortgage mentioned in this law means that the mortgagor and the mortgagee agree to use collateral to guarantee the creditor's rights that occur continuously within a certain period of time within the limit of the maximum amount of creditor's rights.
Article 60? A loan contract may be accompanied by a maximum mortgage contract.
A contract signed by a creditor and a debtor to continuously trade a commodity within a certain period of time may be accompanied by a maximum mortgage contract.
Article 61? The creditor's rights of the main contract with the maximum mortgage shall not be transferred.
Article 62? In addition to the provisions of this section, other provisions of this chapter shall apply to the maximum mortgage.
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Chapter four? Quality? sign
The first section? chattel mortgage
Article 63? The chattel pledge mentioned in this Law means that the debtor or a third party transfers his chattel to the creditor for possession and serves as a guarantee for the creditor's rights. When the debtor fails to perform the debt, the creditor has the right to discount the debt or give priority to compensation with the price of auction or sale of the movable property in accordance with the provisions of this law.
The debtor or the third party specified in the preceding paragraph is the pledger, the creditor is the pledgee, and the transferred movable property is the pledgee.
Article 64? The pledgor and the pledgee shall conclude a pledge contract in writing.
The pledge contract shall take effect when the pledged property is handed over to the pledgee for possession.
Article 65? A pledge contract shall include the following contents:
(1) The type and amount of the secured principal creditor's rights;
(2) The time limit for the debtor to perform the debt;
(3) The name, quantity, quality and condition of the pledge;
(4) The scope of pledge guarantee;
(5) The time of transfer of the pledge;
(six) other matters that the parties think need to be agreed.
If the pledge contract does not fully comply with the provisions of the preceding paragraph, it may be supplemented.
Article 66? The pledgor and the pledgee shall not stipulate in the contract that the ownership of the pledged property shall be transferred to the pledgee when the pledgee has not been paid off at the expiration of the debt performance period.
Article 67? The scope of pledge guarantee includes the principal creditor's rights and interest, liquidated damages, damages, storage expenses of pledged goods and expenses for realizing pledge. Unless otherwise agreed in the pledge contract, such agreement shall prevail.
Article 68? The pledgee has the right to collect the fruits of the pledge. Unless otherwise agreed in the pledge contract, such agreement shall prevail.
For the fruits mentioned in the preceding paragraph, the fees for collecting fruits shall be paid in advance.
Article 69? The pledgee has the obligation to properly keep the pledged property. Where the pledged property is lost or damaged due to improper custody, the pledgee shall bear civil liability.
If the pledgee fails to properly keep the pledged property, which may lead to the loss or damage of the pledged property, the pledger may request the pledgee to deposit the pledged property, or request to pay off the creditor's rights in advance and return the pledged property.
Article 70? Where the pledged property may be damaged or obviously reduced in value, which is enough to endanger the rights of the pledgee, the pledgee may require the pledgor to provide corresponding guarantees. If the pledgor cannot provide it, the pledgee may auction or sell the pledged property, and agree with the pledgor that the proceeds from the auction or sale shall be used to pay off the secured creditor's rights in advance or to deposit with a third party agreed with the pledgor.
Article 71? If the debtor performs the debt at the expiration of the debt performance period, or the pledger pays off the secured creditor's rights in advance, the pledgee shall return the pledged property.
If the pledgee is not paid off at the expiration of the debt performance period, he may negotiate with the pledger to discount the pledged property, or auction or sell the pledged property according to law.
After the pledged property is discounted, auctioned or sold, the part of the price exceeding the amount of creditor's rights belongs to the pledgor, and the insufficient part is paid off by the debtor.
Article 72? A third party who pledges for the debtor has the right to recover from the debtor after the pledgee realizes the pledge right.
Article 73? Pledge is destroyed by the loss of pledge. Compensation for losses shall be used as pledged property.
Article 74? Pledge and its secured creditor's rights exist at the same time, and if the creditor's rights are eliminated, the pledge is also eliminated.
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Part two? Right pledge
Article 75? The following rights can be pledged:
(1) Bills of exchange, checks, promissory notes, bonds, certificates of deposit, warehouse receipts and bills of lading;
(2) Shares and stocks that can be transferred according to law;
(3) Trademark exclusive right, patent right and property right in copyright that can be transferred according to law;
(4) Other rights that can be pledged according to law.
Article 76? Where a bill of exchange, cheque, promissory note, bond, deposit slip, warehouse receipt or bill of lading is pledged, the title certificate shall be delivered to the pledgee within the time limit stipulated in the contract. The pledge contract shall take effect from the date of delivery of the certificate of rights.
Article 77? If a bill of exchange, cheque, promissory note, bond, deposit slip, warehouse receipt or bill of lading is pledged with a redemption or delivery date, if the redemption or delivery date of the bill of exchange, cheque, promissory note, bond, deposit slip, warehouse receipt or bill of lading is earlier than the debt performance period, the pledgee may redeem or deliver the goods before the debt performance period expires. And agreed with the pledgor to pay off the secured creditor's rights in advance with the redemption price or the extracted goods or to pay off to the third party agreed with the pledgor.
Article 78? Where shares that can be transferred according to law are pledged, the pledgor and the pledgee shall conclude a written contract and register the pledge with the securities registration agency. The pledge contract shall take effect from the date of registration.
After the stock is pledged, it may not be transferred, but it may be transferred through consultation between the pledger and the pledgee. The proceeds from the transfer of shares by the pledgor shall be paid off to the pledgee in advance to guarantee the creditor's rights or deposit with a third party agreed with the pledgee.
Where the shares of a limited liability company are pledged, the relevant provisions of the Company Law on share transfer shall apply. The pledge contract shall take effect from the date when the share pledge is recorded in the register of shareholders.
Article 79? Where the property right in the trademark exclusive right, patent right or copyright that can be transferred according to law is pledged, the pledgor and the pledgee shall conclude a written contract and register the pledge with the competent department. The pledge contract shall take effect from the date of registration.
Article 80? After the pledge of the rights stipulated in Article 79 of this Law, the pledger may not transfer or license others to use them, but may transfer or license others to use them with the consent of the pledger and the pledgee through consultation. The transfer fee and license fee obtained by the pledgor shall be paid off to the pledgee in advance or deposited in a third party agreed with the pledgee.
Article 81? In addition to the provisions of this section, the provisions of the first section of this chapter shall apply to the pledge of rights.
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Chapter five? Stay? let go
Article 82? The term "lien" as mentioned in this Law means that, in accordance with the provisions of Article 84 of this Law, the creditor occupies the debtor's movable property in accordance with the contract, and the debtor fails to perform the debt within the time limit stipulated in the contract, and the creditor has the right to lien the property in accordance with the provisions of this Law, discount it or pay the property with the price of auction or sale.
Article 83? The scope of lien guarantee includes principal creditor's rights and interest, liquidated damages, damages, lien expenses and expenses for realizing lien.
Article 84? Where the debtor fails to perform the custody contract, transportation contract or processing contract, the creditor shall have a lien.
Other contracts that can be retained according to law shall be governed by the provisions of the preceding paragraph.
The parties may stipulate in the contract what shall not be retained.
Article 85? The retained property can be divided, and the value of the retained property should be equivalent to the amount of debt.
Article 86? The lien holder has the obligation to keep the lien properly. Where the lien is lost or damaged due to improper custody, the lien holder shall bear civil liability.
Article 87? The creditor and the debtor shall stipulate in the contract that after the creditor retains the property, the debtor shall perform the debt within a period of not less than two months. If there is no agreement between the creditor and the debtor in the contract, the creditor shall set a time limit of more than two months after the debtor's property is retained, and notify the debtor to perform the debt within this time limit.
If the debtor fails to perform within the time limit, the creditor may agree with the debtor to discount the lien, or auction or sell the lien according to law.
After the lien is discounted, auctioned or sold, the part of the price exceeding the amount of the creditor's rights shall be owned by the debtor, and the insufficient part shall be paid off by the debtor.
Article 88? Liens are extinguished for the following reasons:
(1) extinction of creditor's rights;
(2) The debtor provides another guarantee and it is accepted by the creditor.
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Chapter six? Settings? golden
Article 89? The parties may agree that one party shall pay a deposit to the other party as a guarantee for the creditor's rights. After the debtor performs the debt, the deposit shall be used as the price or recovered. If the party paying the deposit fails to perform the agreed debt, it has no right to demand the return of the deposit; If the party receiving the deposit fails to perform the agreed debt, it shall return the deposit twice.
Article 90 The deposit shall be agreed in writing. The parties shall stipulate the time limit for the payment of the deposit in the deposit contract. The deposit contract shall take effect from the date when the deposit is actually paid.
Article 91? The amount of deposit shall be agreed by the parties, but it shall not exceed 20% of the subject matter of the main contract.
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Chapter seven? Attached? rule
Article 92? The term "immovable property" as mentioned in this Law refers to land, houses, trees and other things fixed on the ground.
Movable property as mentioned in this Law refers to things other than immovable property.
Article 93? The guarantee contract, mortgage contract, pledge contract and deposit contract mentioned in this Law may be written contracts concluded separately, including letters and faxes of a guarantee nature between the parties, or the guarantee clauses in the main contract.
Article 94? Collateral, pledge and lien shall be discounted or sold with reference to the market price.
Article 95? Where the maritime law and other laws have special provisions on guarantee, such provisions shall prevail.
Article 96? This Law shall come into force on June 1995 65438+ 10/day.