Current location - Loan Platform Complete Network - Loan consultation - The difference between pledge, mortgage and lien is illustrated by a case.
The difference between pledge, mortgage and lien is illustrated by a case.
Contrast and difference:

1, lien is legal guarantee, mortgage and pledge are agreed guarantee. Legal guarantee takes precedence over agreed guarantee.

2, pledge, lien is the transfer of possession, mortgage is not the transfer of possession.

3. Movable property is secured by lien, movable property and immovable property are secured by mortgage, and movable property and rights are secured by pledge.

Explain separately:

Pledge: refers to the debtor or a third party transferring his movable property or rights to the creditor, and taking the property as the guarantee of the creditor's rights. When the debtor fails to perform the debt, the creditor has the right to be paid in priority with the property price discounted according to law or auctioned or sold.

For example, the car is pledged to the creditor. When the debt cannot be repaid, the creditor has the priority to be compensated and can get the money after the car auction.

Mortgage: refers to the creditor's right to be paid in priority with the property price discounted, auctioned or sold according to law when the debtor fails to perform the debt or the parties agree to realize the mortgage. ?

For example, if the house is mortgaged to the bank, the bank has the priority to be compensated for the money after the house auction when the debt cannot be repaid.

Lien: refers to the creditor's right to keep the debtor's movable property that he has legally possessed when the debtor fails to perform due debts, and to give priority to the payment of the proceeds from the discount, auction or sale of the movable property.

For example, if the car is sent to a garage for repair, the garage has the right to leave the car without paying compensation when it expires.

?

Characteristics of pledge:

As a security interest, pledge also has inseparability, property subrogation and property claim. The uniqueness of pledge lies in:

(1) The pledged subject matter can only be movable property and rights, not real property.

(2) Pledge is a kind of security interest, and the creditor's possession of the pledged property is its essential element. Pledge is based on the premise that the pledgor possesses the pledged property and the creditor possesses the pledged property. After the pledgee returns the pledged property to the pledger, the people's court will not support it.

(Note: The fundamental difference between pledge and mortgage is whether to transfer possession. Pledge is the security interest of transfer possession, and mortgage is the guarantee of non-transfer possession. )

Pledge means that in order to guarantee the performance of creditor's rights, the debtor or a third party gives his movable property to the creditor for possession. When the debtor fails to perform the debt, the creditor has the right to be paid in priority for the movable property or rights in his possession.

Reference link? Baidu encyclopedia pledge right