1, the property belonging to different:
Law can be used for mortgage property:
(1) buildings and other land attachments;
(2) construction land use rights;
(3) to? bidding, auction, public negotiation and other ways to obtain the right to contract land such as barren land;
(4) production equipment, raw materials, semi-finished products, products;
(5) mortgagor contracted in accordance with the law and the contracting party agreed to mortgage the right to use barren land such as barren mountains, barren ditches, barren hills, barren beaches;
(6) means of transportation;
(7) the law, Administrative regulations do not prohibit the mortgage of other property: land ownership; cultivated land, homesteads, self-reserved mountains, self-reserved land and other collectively owned land use rights; schools, kindergartens, hospitals and other public welfare institutions, social organizations, educational facilities, medical facilities and other public welfare facilities; ownership, right of use of the property is unknown or disputed; the property has been seized, detained, supervised according to law; the other property shall not be mortgaged according to law. other property that cannot be mortgaged according to law.
Property can be used for pledge: movable property pledge, refers to things other than real estate, real estate refers to land and houses, forests and other ground fixtures, building fixtures and so on. The rights of the subject of the pledge are: bills of exchange, promissory notes, checks, bonds, certificates of deposit, warehouse receipts, bills of lading; legally transferable shares, stocks, trademarks, patents, copyrights in the property rights, and other rights (such as the right to income from immovable property) can be pledged in accordance with the law.
Property that can be used for lien refers to the movable property of the debtor that is possessed by law in the custody contract, transportation contract, processing and contract of contract of contract of solicitation.
2, the concept of different
Mortgage, is the mortgagor and the creditor in writing to enter into an agreement not to transfer the possession of the mortgaged property, the property as a security for the claim. When the debtor does not fulfill the debt, the creditor has the right to the property discount or to auction, sell the property of the price of priority compensation.
Pledge is the debtor or a third party to the creditor to transfer the possession of a property, and the latter to grasp the property, in order to fulfill the former as a guarantee for the performance of some kind of payment of money or performance obligations.
A lien is the right of a creditor to take possession of the debtor's property by lawful means, to retain the property until the resulting claim has been satisfied, and to sell the lien according to law when it remains unsettled for a certain period of time, and to receive first priority of payment from the price.
3, different characteristics
Mortgage, the creditor of the debtor or third party does not transfer possession of the property used as security for the claim, when the debtor does not fulfill the debt, the property at a discount or auction, sale of the property of the price of priority. Characteristics of the mortgage: the mortgaged property does not transfer possession, the creation of a mortgage, the collateral is still in the possession of the debtor or a third party (mortgagor). The mortgagee to exercise the right of priority to the debtor's failure to fulfill the debt as a prerequisite.
Pledge, the debtor or a third party will be its movable property or right certificate transferred to the possession of the creditor to the property as a security for the claim, when the debtor does not fulfill the debt, the creditor has the right to the property at a discount or auction, sale of the property of the price of the priority of compensation. Characteristics of the pledge of movable property: the debtor or a third party (the pledgee) shall transfer its movable property to the possession of the creditor, the debtor or a third party who provides the movable property is the owner of the movable property, and the exercise of the right of pledge of movable property shall be subject to the premise that the debtor fails to fulfill the debt. Pledge includes: pledge of movable property and pledge of rights.
Lien for the claim is not satisfied before the right to retain the movable property of others, this possession, the right to retain the movable property of others is provided by law (limited to custody contracts, transportation contracts, processing contract and contract of arrangement), so the lien for the legal security right; pledge is generally agreed by the parties.