First, the connection between mortgage and pledge.
Mortgage and pledge are both ways of guarantee.
Mortgage means that the debtor or the third party does not transfer the possession of the mortgaged property stipulated by law and takes the property as the guarantee of the creditor's rights. When the debtor fails to perform the debt, the creditor has the right to be paid in priority with the price of the collateral according to law.
Pledge means that the debtor or the third party gives his movable property to the creditor for possession, and takes the movable property as the guarantee of the creditor's right. When the debtor fails to perform the debt, the creditor shall have the priority to be compensated according to law.
The difference between mortgage and pledge lies in:
(a) the subject matter of the mortgage is usually real estate and special movable property (cars, boats, etc.). ); The pledge is mainly movable property.
(2) Mortgage only takes effect after registration, and pledge only takes possession.
(3) The mortgage only has the simple guarantee effect, and the pledgee in the pledge not only controls the pledge, but also embodies the lien effect.
(4) The realization of mortgage right is mainly through applying to the court for auction, and the pledge is mostly sold directly.
Mortgage means that the debtor or the third party does not transfer the possession of the mortgaged property stipulated by law and takes the property as the guarantee of the creditor's rights. When the debtor fails to perform the debt, the creditor has the right to be paid in priority with the price of the collateral according to law.
2. What do mortgage guarantee and pledge mean?
Mortgage means that the debtor or the third party does not transfer the possession of the property and takes the property as the guarantee of the creditor's right. When the debtor fails to perform the debt, the creditor has the right to discount or auction the property according to law. Priority should be given to the price of the property sold.
Pledge means that the debtor or a third party gives his movable property or rights to the creditor for possession. When the debtor fails to perform the debt, the creditor has the right to give priority to compensation by discounting, auctioning or selling the movable property or rights according to law.
Third, the difference between mortgage pledge and lien.
(A), express different meanings
1, lien: that is, placing and arranging.
Now it means that the creditor legally occupies the debtor's movable property due to custody contract, transportation contract, processing contract, etc., and retains the movable property as the guarantee of the creditor's right before the creditor's right is paid off as scheduled.
2. Mortgage: The creditor will not transfer the possession of the property to the debtor or a third party, and use it as a guarantee for the creditor's rights. When the debtor fails to perform the debt, the creditor will give priority to compensation by discounting the property or auctioning or selling the property.
3. Pledge: The debtor or a third party transfers his movable property or title certificate to the creditor for possession, and the property is used as a guarantee for the creditor's rights. When the debtor fails to perform the debt, the creditor has the right to be paid in priority with the discounted or auctioned or sold property price.
(2) Different characteristics
1. lien: the creditor has the right to retain the debtor's movable property as a guarantee to realize the creditor's right before the creditor's right is paid off as scheduled.
2. Mortgage: The collateral has not been transferred, but it has been mortgaged, and it is still in the possession of the debtor or a third party (mortgagor). On the premise that the debtor fails to perform the debt, the mortgagee shall exercise the priority of compensation.
3. Pledge: The debtor or a third party (pledger) must hand over his movable property to the creditor for possession. The debtor or the third person who provides movable property is the owner of movable property, and the exercise of movable property pledge must be based on the debtor's non-performance of debts.
(3) The provisions are different.
1. Lien: Lien is legal, and the parties cannot create it at will, but they are allowed to exclude it by agreement;
2. Pledge: Pledge is set by the agreement of the parties, and there is no agreement to exclude pledge;
3. Mortgage: If the parties can register the mortgage voluntarily, the mortgage contract will take effect from the date of signing.
The above is the relevant knowledge for you. I believe that through the above introduction, you will know more about the relationship between mortgage and pledge.