Legal subjectivity:

1. What is the meaning of debt mortgage?

The mortgage can be real estate or movable property, and the pledge must be movable property and property Rights, real estate cannot be pledged, and the law does not stipulate that real estate can be pledged. The main reason is that real estate cannot be transferred and possessed due to its performance, so it can only be suitable for mortgage guarantee. Therefore,

2. What are the differences between debt mortgage and debt pledge?

1. Different types of collateral

The collateral can be real estate or movable property. The pledge must be movable property and property rights, and immovable property cannot be pledged. The law does not stipulate that immovable property can be pledged. The main reason is that immovable property cannot be transferred and possessed due to its performance, so it can only be suitable for mortgage guarantee.

Moveable property can be mortgaged or pledged. It is usually up to the parties to choose whether to provide security in the form of mortgage or pledge.

However, some movable properties are suitable for mortgage but not for pledge, such as ships and aircraft under construction, of course, which cannot be handed over to the creditor for possession.

Parties involved in the construction of ships and aircraft generally do not engage in private loans with natural persons. Even if private loans occur, it is impossible to use these huge properties as mortgage or pledge for private loans.

The property rights stipulated in Article 440 of the Civil Code are generally applicable to pledges but not to mortgages.

However, although the construction land use rights and wasteland land contract management rights stipulated in Article 395 of the Civil Code are also rights with property content, they are properties established on real estate. Rights, so it can only be used for mortgage and cannot be pledged.

2. The conditions for the establishment of security rights are different

Both pledge rights and mortgage rights are security rights, but the conditions for their establishment are different: the pledge right shall be delivered to the pledgee from the pledged property. It is established at the time of registration, or from the date of registration; if the mortgaged property must be registered, the mortgage right is established from the date of registration; if the mortgaged property does not need to be registered, it is established from the date of signing the mortgage contract.

3. Whether the same property can be re-guaranteed to different claims

If the value of a certain property can meet the requirements of more than two claims, the mortgagor may simultaneously or successively pledge the same property to two or more Two or more creditors provide mortgage guarantees, forming two mortgage rights.

For a pledge to be effective, the pledge must be delivered to the possession of the pledgee. When a certain property is delivered to the pledgee as a pledge, it is impossible for the pledger to deliver the same property to another creditor for possession. Therefore, Unable to pledge.

3. Similarities between the pledge of loan claims and mortgage

Among the legal guarantee methods, pledge and mortgage are the closest, and they have many similarities:

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(1) Both the mortgagor and the pledgor must have the right to dispose of the collateral;

(2) Mortgage rights and pledge rights are property security and accessory rights;

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(3) Both have the right of priority to receive compensation, the right of subrogation in property and the right of extermination. Legal objectivity:

Article 394 of the "People's Republic of China and Civil Code" is to guarantee the performance of a debt. The debtor or a third party does not transfer possession of the property and mortgages the property to the creditor. If the debtor fails to pay due debts or the circumstances agreed by the parties to realize the mortgage rights occur, the creditor shall have the right to receive priority payment for the property. The debtor or third party specified in the preceding paragraph is the mortgagor, the creditor is the mortgagee, and the property providing guarantee is the mortgaged property.