1. guarantee: guarantee refers to the act that the guarantor and the creditor agree that the guarantor will perform the obligations of the main contract or assume the responsibilities according to the agreement when the debtor fails to perform the debts. ?
2. Mortgage: Mortgage means that the debtor or the third party does not transfer the possession of the collateral and uses the collateral as the guarantee of the creditor's rights. When the debtor fails to perform the debt, the creditor has the right to discount the collateral or give priority to compensation with the price of auction or sale of the property in accordance with the provisions of the guarantee law. ?
3. Pledge: Pledge means that the debtor or a third party transfers his movable property to the creditor's possession or his property right to the creditor's control, and takes the movable property or property right as the guarantee of the creditor's right. When the debtor fails to perform the debt, the creditor has the right to discount it in accordance with the provisions of the guarantee law or to be paid in priority with the price of auction or sale of the movable property or property. ?
4. Lien: Lien means that in a custody contract, a transportation contract or a processing contract, the creditor occupies the debtor's movable property according to the contract, and the debtor fails to perform the debt within the time limit stipulated in the contract, and the creditor has the right to lien the property in accordance with the provisions of the Security Law, and get paid off at a discount or by auction or sale. ?
5. Deposit: Deposit refers to the behavior that one party to a contract pays a certain amount of money to the other party in advance to ensure the performance of the contract. After the debtor performs the debt, the deposit shall be used as the price or recovered. If the party paying the deposit fails to perform the debts agreed in the contract, it has no right to get back the deposit; If the party receiving the deposit fails to perform the debts agreed in the contract, it shall return the deposit twice.
Extended data
Article 69 of China's Interpretation on Several Issues Concerning the Application of the Guarantee Law of People's Republic of China (PRC) stipulates: "The debtor has several ordinary creditors, and when paying off the debts, he maliciously colluded with one of them to mortgage all or part of his property to the creditor, resulting in his inability to perform other debts and harming the legitimate rights and interests of other creditors. Other creditors who have suffered damage may request the people's court to cancel the mortgage. " This is malicious mortgage, which can be revoked by the people's court in accordance with civil procedure.
Safety law in a broad sense refers to the general name of legal norms that regulate the safety relationship between parties in safety activities.
The Security Law in a narrow sense refers to the Security Law of People's Republic of China (PRC).
There are five ways of guarantee stipulated in the Guarantee Law: guarantee, mortgage, pledge, lien and deposit.
References:
Baidu Encyclopedia-People's Republic of China (PRC) Guarantee Law