Mortgage characteristics
(1) The mortgagor and the mortgagee shall conclude a mortgage contract in writing. Article 38 of the Guarantee Law: "The mortgagor and the mortgagee shall conclude a mortgage contract in writing."
(two) mortgage does not transfer the possession of collateral. Article 33 of the Guarantee Law: "The term" mortgage "as mentioned in this Law means that the debtor or a third party does not transfer its possession and takes the property listed in Article 34 of this Law as the creditor's right guarantee. When the debtor fails to perform his debts, the creditor has 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. " ?
(3) When the debtor fails to perform the debt, the creditor has the right to discount according to law or give priority to compensation with the price of auction or sale of the property.
Property concept
Mortgagable and non-mortgaged property
Property that can be mortgaged:
Article 34 of the Guarantee Law 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.
Property that cannot be mortgaged:
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.
kind
(A) real estate mortgage
Refers to the mortgage set with real estate as collateral. The so-called real estate refers to the property that cannot be moved or will lose its original value or use value, such as land (in China, it is limited to the right to use construction land and the contractual management right of mortgaged land), buildings and other land attachments (such as houses).
(2) Chattel mortgage
Refers to the mortgage set with movable property as collateral. Movable property refers to the movable property without affecting its use value or reducing its value (in China, it is limited to special movable property such as transportation).
(3) Mortgage of rights
Refers to the mortgage with various property rights stipulated by law as collateral. According to China's current laws, rights can only be used for pledge.
(4) consortium mortgage
Also known as enterprise mortgage, it refers to the mortgage made by the mortgagor (enterprise) with all his movable property, real estate and rights as the mortgage target; This type is actually a collection of various types of guarantees, and it is not a legal way of mortgage.
(5) * * * mortgage
Also known as blanket mortgage, it refers to the mortgage set on several different properties for the guarantee of the same creditor's right. This type is actually a collection of various guarantees, and it is not a legal mortgage method.
(6) Maximum mortgage
It refers to the agreement between the mortgagor and the mortgagee to guarantee the creditor's rights that occur continuously in a certain period with collateral to the maximum extent.
(Source: Baidu Encyclopedia)