Legal basis: Civil Code of People's Republic of China (PRC).
Article 411 Where a mortgage is established in accordance with the provisions of Article 396 of this Law, the mortgaged property shall be determined under any of the following circumstances:
(a) the debt has expired and the creditor's rights have not been realized;
(2) The mortgagor is declared bankrupt or dissolved;
(3) The circumstances for realizing the mortgage agreed by the parties;
(4) Other circumstances that seriously affect the realization of creditor's rights.
Legal analysis: after deducting medical expenses from hospital advance payment, the rest can be returned. The advance payment from the hospital will not be automatically transferred to Health Link. At present, only stomatological hospital supports the transfer of in-hospital advance payment to health account, which can be operated directly on the self-service machine. The advance payment for hospitalization in other hospitals must be returned to the corresponding outpatient charging window with my social security card ID card or recharge receipt, and can be deposited into the health account through the hospital self-service terminal after the return.
Legal basis: Civil Code of People's Republic of China (PRC).
Article 411 Where a mortgage is established in accordance with the provisions of Article 396 of this Law, the mortgaged property shall be determined under any of the following circumstances:
(a) the debt has expired and the creditor's rights have not been realized;
(2) The mortgagor is declared bankrupt or dissolved;
(3) The circumstances for realizing the mortgage agreed by the parties;
(4) Other circumstances that seriously affect the realization of creditor's rights.
Article 412 Where the debtor fails to perform the due debt or realize the mortgage right according to the agreement of the parties from the date of seizure, the mortgagee has the right to collect the natural fruits or legal fruits of the mortgaged property, except that the mortgagee has not notified the debtor who should pay off the legal fruits.
The fruits specified in the preceding paragraph shall be used as the expenses for collecting fruits first.
Article 413 After the mortgaged property is discounted, auctioned or sold, the part of the price exceeding the amount of creditor's rights shall be owned by the mortgagor, and the insufficient part shall be paid off by the debtor.
Article 414 Where the same property is mortgaged to two or more creditors, the proceeds from auction or sale of the mortgaged property shall be paid off in accordance with the following provisions:
(1) If the mortgage has been registered, the order of repayment shall be determined according to the time of registration;
(2) Compensation that has been registered but not registered before mortgage;
(3) If the mortgage is not registered, it shall be paid in proportion to the creditor's rights.
Other registrable security interests shall be handled with reference to the provisions of the preceding paragraph.
Article 415 Where the same property is mortgaged and pledged, the order of repayment of the proceeds from auction or sale of the property shall be determined according to the time of registration and delivery.
Article 416 The principal creditor's right secured by chattel mortgage is the price of the mortgaged property. If the mortgage registration is handled within ten days after the delivery of the subject matter, the mortgagee has priority over other secured property owners of the mortgaged property buyer, except the lien holder.
Article 417 After the right to use the construction land is mortgaged, the newly-added buildings on the land do not belong to the mortgaged property. When the right to use the construction land is mortgaged, the new buildings on the land shall be disposed of together with the right to use the construction land. However, the mortgagee has no priority to obtain the benefits of the new building.
Article 412 Where the debtor fails to perform the due debt or realize the mortgage right according to the agreement of the parties from the date of seizure, the mortgagee has the right to collect the natural fruits or legal fruits of the mortgaged property, except that the mortgagee has not notified the debtor who should pay off the legal fruits.
The fruits specified in the preceding paragraph shall be used as the expenses for collecting fruits first.
Article 413 After the mortgaged property is discounted, auctioned or sold, the part of the price exceeding the amount of creditor's rights shall be owned by the mortgagor, and the insufficient part shall be paid off by the debtor.
Article 414 Where the same property is mortgaged to two or more creditors, the proceeds from auction or sale of the mortgaged property shall be paid off in accordance with the following provisions:
(1) If the mortgage has been registered, the order of repayment shall be determined according to the time of registration;
(2) Compensation that has been registered but not registered before mortgage;
(3) If the mortgage is not registered, it shall be paid in proportion to the creditor's rights.
Other registrable security interests shall be handled with reference to the provisions of the preceding paragraph.
Article 415 Where the same property is mortgaged and pledged, the order of repayment of the proceeds from auction or sale of the property shall be determined according to the time of registration and delivery.
Article 416 The principal creditor's right secured by chattel mortgage is the price of the mortgaged property. If the mortgage registration is handled within ten days after the delivery of the subject matter, the mortgagee has priority over other secured property owners of the mortgaged property buyer, except the lien holder.
Article 417 After the right to use the construction land is mortgaged, the newly-added buildings on the land do not belong to the mortgaged property. When the right to use the construction land is mortgaged, the new buildings on the land shall be disposed of together with the right to use the construction land. However, the mortgagee has no priority to obtain the benefits of the new building.