1, the contents of the contract agreed by the parties, including the name and domicile of the parties, the time limit for the debtor to perform the debt, the type and amount of the secured creditor's rights, etc. ;
2. The parties shall conclude a mortgage contract in writing;
3. When all parties sign, seal or print the contract, the contract is established and takes effect.
1. What are the conditions and effects of the house mortgage contract?
The conditions for the entry into force of the house mortgage contract are as follows:
1, meaning true;
2, the contract content does not violate the mandatory provisions of the law;
3. There is no malicious collusion of the relative person, which damages the legitimate rights and interests of others;
4. It belongs to a house that can be mortgaged.
According to Article 400th of the Civil Code, to establish a mortgage, the parties shall conclude a mortgage contract in writing.
A mortgage contract generally includes the following clauses:
(1) The type and amount of secured creditor's rights;
(2) The time limit for the debtor to perform the debt;
(3) The name and quantity of the mortgaged property;
(4) the scope of the guarantee.
Second, are there no fingerprints on the IOUs?
The debit note is valid without fingerprint, and it is valid with signature or seal. Does not affect the legal effect of the IOU, as long as the IOU is written by the borrower himself and the amount, date and other contents have not been altered, the IOU is valid. Creditors may claim their claims against debtors. If the debtor denies the validity of the IOU in the lawsuit and thinks that it has no legal effect if it is not fingerprinted, the debtor will prove to the court that the IOU is not the relevant evidence written by himself according to the principle of who claims and who gives evidence. Otherwise, the debtor will bear the unfavorable burden of proof.
legal ground
Article 490 of the Civil Code
If the parties enter into a contract in the form of a contract, the contract shall be established when the parties sign, seal or press their fingerprints. Before signing, sealing or fingerprinting, one party has fulfilled its main obligations, and the contract is established when the other party accepts it.
A contract shall be concluded in written form as stipulated by laws, administrative regulations or agreed by the parties. If the parties do not do this in writing, but one party has fulfilled its main obligations and the other party accepts it, the contract is established.
Article 668 of the Civil Code
A loan contract shall be in written form, unless otherwise agreed between natural persons.
The contents of a loan contract generally include terms such as loan type, currency, purpose, amount, interest rate, term and repayment method.