Legal basis: Civil Code of People's Republic of China (PRC).
Article 388 To establish a security interest, a security contract shall be concluded in accordance with the provisions of this Law and other laws. Guarantee contracts include mortgage contracts, pledge contracts and other contracts with guarantee functions. The guarantee contract is a subsidiary contract of the main creditor's rights and debts contract. If the principal creditor's rights and debts contract is invalid, the guarantee contract is invalid, unless otherwise stipulated by law. If the debtor, guarantor and creditor are at fault after the guaranty contract is confirmed to be invalid, they shall bear corresponding civil liabilities according to their faults.
Article 396 Enterprises, individual industrial and commercial households and agricultural producers and operators may mortgage existing or future production equipment, raw materials, semi-finished products and products. If the debtor fails to perform the due debt or realize the mortgage right according to the agreement of the parties, the creditor has the right to be paid in priority for the chattel when determining the mortgaged property.
Article 397 Where a building is mortgaged, the right to use the construction land within the occupied area of the building shall be mortgaged together. Where the right to use construction land is mortgaged, the buildings on the land shall be mortgaged together. If the mortgagor fails to jointly mortgage in accordance with the provisions of the preceding paragraph, the mortgaged property shall be regarded as joint mortgage.