What are the five ways of guarantee?
1. What are the five ways of guarantee? What are the ways of guarantee? They refer to the ways provided by law to realize with security rights, including mortgage, pledge, guarantee, lien and deposit. In particular, the guarantee belongs to PICC, and the credit guarantee we often say refers to the nature of property protection. Regarding the scope of application of guarantee, there are many other debts of unjust enrichment and civil and commercial activities that can be guaranteed in the relationship between the law of power and responsibility guarantee. In the practice of guarantee business, guarantee companies are also trying to explore, establish guarantee style on the basis of the original guarantee method, standardize legal risks and promote the smooth development of guarantee business. As a guarantee company, how to improve the risk management ability quickly is the key to practice internal strength. The first thing the guarantee company should deal with is how to improve its risk management ability, and make great efforts in the following aspects to complete the construction of our risk management system by practicing internal strength. First of all, it is necessary to form a perfect internal control mechanism and business balance mechanism. Guarantee companies should establish internal control system of checks and balances to prevent risks through collective wisdom. The guarantee company can set up three links: front, middle and back. As a pioneer department, the security department needs a clear division of labor and checks and balances. It is very important for guarantee companies to establish a scientific risk assessment system. In order to evaluate the guarantee risk and reduce human error, the guarantee company evaluates the customer according to the reference and comprehensively evaluates the customer's characteristics. Article 386 of the Civil Code (implemented from 202 1 and 1) stipulates that when the debtor fails to perform the due debt or the parties agree to realize the security interest, the holder of the security interest shall enjoy the priority of compensation for the secured property according to law, unless otherwise stipulated by law. Second, what is the scope of protection? 1. Scope of guarantee: principal creditor's rights and interest, liquidated damages, damages and expenses for realizing creditor's rights. If there are other provisions in the guarantee contract, such provisions shall prevail. Where the parties have not agreed on the scope of guarantee or the agreement is unclear, the guarantor shall be liable for all debts. 2. Scope of mortgage guarantee: principal creditor's rights and interest, liquidated damages, damages and expenses for realizing mortgage right. Unless otherwise agreed in the mortgage contract, such agreement shall prevail. 3. Scope of pledge guarantee: principal creditor's rights and interest, liquidated damages, damages, expenses for keeping the pledge and expenses for realizing the pledge right. Unless otherwise agreed in the pledge contract, such agreement shall prevail. 4. Scope of lien guarantee: principal creditor's rights and interest, liquidated damages, damages, lien expenses and expenses for realizing lien. Based on the above, we can know that the five ways of guarantee stipulated by law include mortgage, pledge, guarantee, lien and deposit. In real life, the more guarantees we use are actually mortgages, guarantees and deposits. Especially when signing a contract, there are many people who use the deposit as a penalty. Of course, this is actually beneficial to the protection of the interests of the parties to a certain extent.