Legal basis:
Article 191 of the Property Law? During the mortgage period, if the mortgagor transfers the mortgaged property with the consent of the mortgagee, he shall pay off the debts to the mortgagee in advance or deposit the proceeds from the transfer. The part of the transfer price exceeding the amount of creditor's rights belongs to the mortgagor, and the insufficient part is paid off by the debtor.
During the mortgage period, the mortgagor shall not transfer the mortgaged property without the consent of the mortgagee, except that the transferee pays off the debts and extinguishes the mortgage on his behalf.
Extended data:
Matters needing attention in mortgagor's contract of transferring collateral:
1. Applicants must fill in the application form with standard A4 paper, black pen or signature pen.
2. The applicant shall ensure that the materials and information provided by him are true and effective. The contents of the register shall be consistent with the relevant contents of the mortgage contract and the main contract.
3. Article 188 of the Property Law of People's Republic of China (PRC) stipulates that chattel mortgage shall be established when the mortgage contract comes into effect; Without registration, you may not be able to fight well-intentioned third parties.
4. Article 184th of People's Republic of China (PRC) Property Law stipulates that the following chattels shall not be mortgaged:
(1) Educational facilities, medical and health facilities and other public welfare facilities of schools, kindergartens, hospitals and other institutions and social organizations;
(2) Property whose ownership and use right are unknown or controversial;
(3) Property that has been sealed up, detained or supervised according to law;
(4) Other properties that may not be mortgaged according to laws and administrative regulations.
5. Article 189 of the Property Law of People's Republic of China (PRC) stipulates that enterprises, individual industrial and commercial households and agricultural producers and operators who use the chattels specified in Article 181 of this Law as collateral shall register with the administrative department for industry and commerce at the mortgagor's domicile.
Article 2 of the Measures for the Registration of Chattel Mortgage of the State Administration for Industry and Commerce stipulates that enterprises, individual industrial and commercial households and agricultural producers and operators who mortgage existing or future production equipment, raw materials, semi-finished products and products shall register with the county-level administrative department for industry and commerce where the mortgagor lives.
VI. Article 3 of the Measures for the Registration of Chattel Mortgage of the State Administration for Industry and Commerce stipulates that a party applying for the registration of chattel mortgage shall submit the following documents to the Administration for Industry and Commerce:
(a) the chattel mortgage register signed or sealed by both parties to the mortgage contract;
(two) the qualification certificate of the parties to the mortgage contract or the identity certificate of the natural person.
Where an agent is entrusted to handle the registration of chattel mortgage, the identity certificate and power of attorney of the agent shall also be submitted.
Baidu Encyclopedia-Property Law