The Common Points Of Mortgage And Pledge

(1) mortgage and pledge are the same.

(2) both mortgage and pledge shall be signed in writing, with mortgage contracts or pledge contracts.

(3) no obligation can be stipulated in the contract.

(4) there are provisions for registration of mortgage contracts and pledge contracts to relevant departments.

(5) both the mortgaged property and the pledge must be registered, and the mortgage contract and the pledge contract shall become effective from the date of registration.

(6) mortgage rights and pledge rights exist together with their respective secured claims, and eliminate at the same time.

(7) the right of mortgage is extinguished because of the loss of the mortgaged property. The loss due to loss shall be used as a mortgage property, and the right of pledge shall be wiped out because of the loss of material property, and the compensation for loss shall be used as a pledge property.

(8) the scope of mortgage guarantee includes the main creditor's rights and interests, liquidated damages, damages and the realization of the right to mortgage. The scope of the pledge guarantees includes the principal creditor's rights and interests, the liquidated damages, the damages, the custody expenses of the materials and the expenses for the realization of the pledge.

(9) the price of the mortgaged property or the sale or sale of the mortgaged property exceeds the amount of the creditor's rights and is owned by the mortgagor. The deficiency is made up by the debtor. The price of the material discount or auction or the sale price exceeds the portion of the creditor's rights and is owned by the debtor, and the deficiency is partially supplemented by the debtor.

(10) no matter mortgages or pledge, when the debtor fails to fulfill the obligation, the creditor has the priority to receive the right to discount or auction or sell the price of the mortgaged property or property.

(11) if the mortgagor pfers the registered mortgaged property, it shall notify the mortgagee and inform the assignee that the pferred property has been mortgaged. If the mortgagor fails to notify the mortgagee or the pferee, the pfer shall not be effective. After the stock is discharged, it shall not be pferred, except that the pledgor agrees with the pledgee.

After the property right of the trademark, patent right and copyright is discharged, the pledgee shall not assign it, but unless the pledgor agrees to negotiate with the pledgee, the proceeds from the pfer shall be paid in advance.

(12) the mortgaged property is not pferred to possession; the pledge is set in stock, and the stock does not need to be pferred because of the electronization of stock market.

(13) the mortgagor can use the right to use state owned land and the right to use the housing according to the law to set up the mortgage. The mortgagee may use the bill of exchange, cheques, promissory notes, bonds, deposit slips, warehouse receipts, bills of lading, the shares and shares that can be pferred according to law, and pledge other rights such as trademark rights, patent rights, property rights in the copyright which can be pferred according to law.

Lien means that when a debtor fails to perform his obligations in accordance with the terms stipulated in the contract, the creditor has the right to detain the property in accordance with the law, and to discount or auction off or sell off the lien and give priority to compensation from the proceeds.