The properties that can be mortgaged according to law are:
(1) buildings and other land attachments;
(2) The right to use construction land;
(3) same? Land contractual management rights such as wasteland obtained through bidding, auction and public consultation;
(4) Production equipment, raw materials, semi-finished products and products;
(5) The right to use barren hills, gullies, hills and beaches contracted by the mortgagor according to law and mortgaged with the consent of the employer;
(6) means of transportation;
(7) Other properties not prohibited by laws and administrative regulations: land ownership; The right to use collectively-owned land such as cultivated land, homestead, hilly land and plots; Educational facilities, medical facilities and other public welfare facilities of schools, kindergartens, hospitals and other institutions and social organizations; Property whose ownership and use right are unknown or controversial; Property that has been sealed up, detained or supervised according to law; Other property that may not be mortgaged according to law.
Property that can be used for pledge includes: chattel pledge refers to things other than real estate, and real estate refers to land, buildings, trees and other fixed objects on the ground and fixed equipment of buildings. The objects of pledge of rights are: bills of exchange, promissory notes, checks, bonds, certificates of deposit, warehouse receipts and bills of lading; Property rights such as shares, stocks, exclusive rights to use trademarks, patents and copyrights that can be transferred according to law, as well as other rights that can be pledged according to law (such as real estate income rights).
The property that can be retained refers to the debtor's movable property legally possessed by the custody contract, transportation contract and processing contract.
2. Different concepts
Mortgage means that the mortgagor and the creditor conclude an agreement in writing not to transfer the possession of the mortgaged property, and take the property as the guarantee of the creditor's rights. When the debtor fails to perform the debt, the creditor has the right to discount it according to law or give priority to compensation with the price of auction or sale of the property.
Pledge means that the debtor or the third party transfers the possession of a property to the creditor, who holds the property as a guarantee for the former to perform some payment or responsibility.
Lien refers to the creditor's right to take possession of the debtor's property in a legal way, retain the property before the resulting creditor's rights are paid off, and sell the retained property according to law after a certain period of time in order to get priority compensation from the price.
3. Different characteristics
Mortgage refers to the property that the creditor does not transfer the possession to the debtor or the third party as the guarantee of the creditor's right. When the debtor fails to perform the debt, the property is discounted or the price of the auction or sale of the property is given priority. Characteristics of mortgage: the mortgaged property is not transferred, the mortgage is established, and the collateral is still occupied by the debtor or the third party (mortgagor). On the premise that the debtor fails to perform the debt, the mortgagee shall exercise the priority of compensation.
Pledge means that the debtor or the third party transfers his movable property or property right certificate to the creditor for possession, and takes the property as the guarantee of the creditor's right. When the debtor fails to perform the debt, the creditor has the right to be paid in priority with the discounted or auctioned or sold property price. Characteristics of chattel pledge: the debtor or the third party (pledger) must transfer his chattel to the creditor for possession, and the debtor or the third party who provides the chattel is the owner of the chattel. The exercise of chattel pledge must be based on the debtor's failure to perform the debt. Pledge includes chattel pledge and right pledge.
Lien is the right to seize the movable property of others before the creditor's rights are paid off. This right to possess or detain other people's movable property is stipulated by law (limited to custody contract, transportation contract, processing contract and brokerage contract), so lien is a legal security right; Pledge is generally agreed by the parties.