Legal analysis
If the collateral is transferred, the mortgagee has no mortgage right, and the transferee can obtain the corresponding property right, but it must meet the constitutive requirements of a bona fide third party. If a civil juristic act is not ratified by the legal representative, the bona fide counterpart has the right to cancel it. The so-called bona fide counterpart here refers to the counterpart who does not know and should not know that the other party is a person with limited capacity for civil conduct. A bona fide third party, that is, a third party who does not know the real situation of both parties to a legal relationship, usually refers to an uninformed registered obligee in an illegal transaction. After the possessor who has no right to dispose of another person's movable property or immovable property illegally transfers the movable property or immovable property to a third person, if the transferee obtains the movable property or immovable property in good faith, he may obtain the ownership of the movable property or immovable property according to law. After the transferee obtains the ownership of movable property or immovable property, the original owner may not ask the transferee to return the property, but only ask the transferor (possessor) to compensate for the losses. A bona fide third party, that is, a third party who does not know the real situation of both parties to a legal relationship, usually refers to an uninformed registered obligee in an illegal transaction. After the possessor who has no right to dispose of another person's movable property or immovable property illegally transfers the movable property or immovable property to a third person, if the transferee obtains the movable property or immovable property in good faith, he may obtain the ownership of the movable property or immovable property according to law. After the transferee obtains the ownership of movable property or immovable property, the original owner may not ask the transferee to return the property, but only ask the transferor (possessor) to compensate for the losses.
legal ground
Article 545 of the Civil Code of People's Republic of China (PRC) * * * Creditors may assign all or part of their creditor's rights to a third party, except in one of the following circumstances: (1) According to the nature of the creditor's rights, they may not assign them; (two) according to the agreement of the parties shall not be transferred; (3) It shall not be transferred according to law. If the parties agree that the non-monetary creditor's rights cannot be transferred, they may not confront a bona fide third party. If the parties agree that the creditor's rights are not transferable, they may not oppose a third party.