(1) The subject matter provided by pledge includes movable property and rights.
(2) The subject matter of mortgage guarantee includes immovable property, usufructuary right of immovable property and movable property.
2. The establishment requirements are different
(1) Pledge is a necessary condition for transferring the possession of the pledged property, and the transfer of the possession of the pledged property is not only a publicity method of the pledged property, but also a necessary condition for the establishment of the pledged property.
(2) The establishment of mortgage is generally subject to registration. What does not need to be registered is to sign a mortgage contract, and there is no need for the transfer and possession of collateral.
3. The guarantee mechanism is different.
(1) Pledge not only gives priority to compensation, but also has the effect of possession and lien on the subject matter or its right certificate. The pledgee directly controls the subject matter, thus causing psychological oppression to the pledgor and prompting the debt to be returned on schedule. This kind of lien effect is not possessed by mortgage.
(2) Mortgage is a non-possessory security interest, and the priority of compensation plays a guarantee role.
4. Different embodiments
(1) When the creditor's rights expire or the agreed reasons occur and the pledgee has taken possession of the subject matter in advance, he can directly sell the pledged property or dispose of it in other ways with reference to the market price, without going through judicial procedures, and get compensation for its variable value. If the pledgor thinks that the price change is unfair, it can be settled through litigation.
(2) When the mortgagee exercises the mortgage right, in the case that no agreement can be reached, it is generally necessary to apply to the court for auction and sale of the collateral and give priority to the payment, instead of forcibly seizing the collateral and selling it.
Extended data:
Mortgage refers to the real right that the debtor or the third party does not transfer the possession of its specific property and takes the property as the guarantee of creditor's rights. When the debtor fails to perform the debt, the creditor has the right to discount or give priority to compensation with the price of auction or sale.
Property is called collateral, the debtor or the third party is called mortgagor, and the creditor is called mortgagee. Mortgage can be divided into two types: legal and agreed. Statutory, whether agreed or not, must comply with the provisions; If the law allows the parties to agree, it can be settled through consultation.
The collateral must be the transferable property owned by the mortgagor, and anything prohibited by law or not enjoyed by the parties shall not be used as collateral. A written contract shall be signed for mortgage guarantee, and the contents of the contract shall also include the type and amount of the principal debt guaranteed, the time limit for the debtor to perform the debt, the name, quantity, location, ownership and mortgage scope of the collateral.
The mortgage guarantee shall be registered according to law, and the mortgage contract shall take effect from the date of registration. The acceptance organ of mortgage registration is the real estate management organ, such as the land use right mortgage registration as the land management organ, and the transportation department registration as the ship and vehicle registration organ.
References:
Baidu encyclopedia-pledge right
Baidu encyclopedia-mortgage