What properties can't be used as collateral?

Legal analysis: (1) land ownership; (2) The right to use collectively-owned land such as cultivated land, 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 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; (6) Other properties that may not be mortgaged according to laws and administrative regulations. Accordingly, laws and regulations have certain restrictions on the property that can be used as collateral. When accepting collateral, individuals or units must pay attention to whether the property is prohibited by laws and regulations.

Legal basis: Civil Code of People's Republic of China (PRC).

Article 394 Where the debtor or a third party mortgages the property to the creditor to guarantee the performance of the debt without transferring the property, and the debtor fails to perform the due debt or realize the mortgage right according to the agreement of the parties, the creditor has the right to be paid in priority for the property. The debtor or the third party specified in the preceding paragraph is the mortgagor, the creditor is the mortgagee, and the property that provides guarantee is the mortgaged property.

Article 395 The following properties that the debtor or a third party has the right to dispose of may be mortgaged: (1) 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.

Article 400 To establish a mortgage, the parties shall conclude a mortgage contract in writing. A mortgage contract generally includes the following clauses: (1) the type and amount of secured creditor's rights; (2) The time limit for the debtor to perform the debt; (3) The name and quantity of the mortgaged property; (4) the scope of the guarantee.

Article 419 During the limitation of action for principal creditor's rights, the mortgagee shall exercise the right of mortgage. If it does not exercise, the people's court will not protect it.