When understanding the mortgage situation of real estate, the determination of the amount of creditor's rights is related to the form of mortgage. For general mortgage, the amount of creditor's rights is directly equal to the amount of loan you apply to the bank. However, in the case of mortgage of maximum amount, the amount of creditor's rights will be determined according to the assessed total price of the collateral, which means that it may exceed the initial loan amount because it takes into account the full value of the collateral.

the difference between the principal creditor's rights and the amount is that the principal creditor's rights refer to the amount of debt agreed in the contract, which is fixed; The amount is more specific, which is clearly recorded in the mortgage contract. The characteristic of general mortgage is that the amount of creditor's rights has been determined at the time of mortgage creation.

in contrast, the scope of guarantee is uncertain. It covers not only the principal creditor's rights, but also the incidental creditor's rights. The specific content can be flexibly agreed in the contract, so the scope of guarantee may change with the agreement and there are variables.

to sum up, the composition of creditor's rights is based on damage, causality and fault, but in the case of infringement of creditor's rights by a third party, the judgment of fault is more strict because of the non-publicity and indirectness of creditor's rights. For the tort liability of creditor's rights, only when the third party is intentional or negligent and hinders the performance of the debt will it be recognized as tort.