1. Different properties:
The properties that can be used for mortgage according to law are:
(1) Buildings and other land attachments;
(2) Construction land use rights;
(3) Land contract management rights such as wasteland obtained through bidding, auction, public negotiation, etc.;
(4) Production equipment, raw materials, semi-finished products, and products;
(5) The right to use barren hills, ditches, hills, beaches and other wasteland contracted by the mortgagor in accordance with the law and mortgaged with the consent of the contract-issuing party;
(6) Transportation tools;
(7) Other properties not prohibited from mortgage by laws and administrative regulations: land ownership; collectively owned land use rights such as cultivated land, homesteads, private hills, and private land. ; Educational facilities, medical facilities and other social welfare facilities of schools, kindergartens, hospitals and other public welfare institutions and social groups; properties whose ownership and use rights are unknown or in dispute; properties that have been sealed up, detained and supervised in accordance with the law; Other properties that cannot be mortgaged according to law.
The properties that can be pledged include: chattel pledge, which refers to things other than real estate. Real estate refers to land, houses, trees and other fixed objects on the ground, fixed equipment of buildings, etc. The objects of rights pledge include: bills of exchange, promissory notes, checks, bonds, deposit receipts, warehouse receipts, bills of lading; property rights in shares, stocks, trademark exclusive rights, patent rights, copyrights that can be transferred according to law, and other rights that can be pledged according to law ( Such as the usufruct rights of real estate).
The property that can be used for lien refers to the debtor's movable property legally possessed by the custody contract, transportation contract, or processing contract.
2. Different concepts
Mortgage refers to a written agreement between the mortgagor and the creditor not to transfer the possession of the mortgaged property and to use the property as a guarantee for the creditor's rights. When the debtor fails to perform its debts, the creditor has the right to receive priority payment from the price of the property at a discount or from the auction or sale of the property in accordance with the law.
Pledge is when the debtor or a third party transfers the possession of a certain property to the creditor, and the latter takes possession of the property as a guarantee for the former to perform certain payment of money or performance obligations.
Lien means that the creditor takes possession of the debtor's property by legal means, retains the property before the resulting creditor's rights are paid off, and sells the lien property in accordance with the law when the property is not paid off after a certain period of time. The right to receive priority from the price.
3. Different characteristics
Mortgage refers to the property that the creditor takes possession of without transferring it to the debtor or a third party and uses it as security for the creditor's rights. When the debtor fails to perform the debt, the property will be discounted. Or, priority will be given to the proceeds from the auction or sale of the property. Characteristics of mortgage: The mortgaged property does not transfer possession, and a mortgage is established, and the mortgaged property remains in the possession of the debtor or a third party (mortgagor). The mortgagee's exercise of priority right to repayment is predicated on the debtor's failure to perform its debts.
Pledge means that the debtor or a third party transfers its movable property or certificate of rights to the creditor for possession, and uses the property as a guarantee for the creditor's rights. When the debtor fails to perform the debt, the creditor has the right to discount, auction or sell the property. The price of the property will be paid first. Characteristics of movable property pledge: The debtor or a third party (pledger) must hand over his movable property to the creditor for possession. The debtor or third party providing the movable property is the owner of the movable property. The exercise of the movable property pledge must be based on the debtor's failure to perform the debt. Pledge includes: movable property pledge and rights pledge.
Lien is the right to detain other people’s movable property before the creditor’s rights are paid off. This right to possess and detain other people’s movable property is stipulated by law (limited to custody contracts, transportation contracts, processing contract contracts and business records) contract), therefore, the lien is a legal security right; the pledge is generally agreed upon by the parties.