1. Regarding the pledge right or the mortgage right, which priority is paid, the mortgage right has priority over the pledge right. It is worth noting that the priority of mortgage over pledge must have a premise, that is, mortgage is effectively established and registered according to law. According to the principle that unregistered mortgage can not be used against a bona fide third party, unregistered mortgage can not be paid before pledge right. According to the above analysis, when multiple security interests on a collateral conflict, priority should be given to compensation in the following order: lien-registered mortgage-pledge right-unregistered mortgage. Article 456 of the Civil Code Lien, the principle of sequence when mortgage and pledge compete. If a mortgage or pledge has been established on the same chattel and the chattel is retained, the lien holder will be given priority to compensation.
second, the term explanation of pledge refers to the real right that the debtor or a third party hands over its specific property to the creditor for possession as a guarantee for the creditor's rights. When the debtor fails to perform the debt, the creditor has the right to discount the property or auction or sell the property in accordance with the law. The property is called the pledge, the person who provides the property is called the pledger, and the person who enjoys the pledge is called the pledgee. A written contract shall be signed for the pledge guarantee, and the pledge contract shall take effect when the pledge or pledge is handed over to the pledgee, and the contents of the pledge contract are basically the same as those of the mortgage contract. Pledge is divided into chattel pledge and right pledge. The pledge of movable property refers to the pledge of things that can be moved without damaging their effectiveness; The pledge of rights refers to the pledge with transferable rights as the subject matter. The pledgee of chattel pledge shall bear civil liability if it is lost or damaged due to poor custody of the pledged property. In case of possible loss or damage to the pledged property, the pledgor may require the pledgee to deposit the pledged property or pay off debts in advance to return the pledged property, while the pledgee may require the pledgor to provide corresponding guarantee. If the pledgee fails to provide the pledged property, the pledgee may auction or sell the pledged property for priority compensation or deposit with a third party agreed with the pledgor. Where the date of various bills indicating the date of redemption or the date of delivery is earlier than the debt performance period, the pledgee may redeem or deliver the goods before the expiration of the debt performance period, and agree with the pledgor to use the cashed price or the extracted goods for early repayment of the debt or escrow with a third party agreed with the pledgor. Where the property rights in stocks or trademarks, patents and copyrights that can be transferred according to law are pledged, the pledgor and pledger shall register the pledge with the securities registration agency or its management department after signing a written contract, and the pledge contract shall take effect from the date of registration. The mortgage right and pledge right will only appear in the related mortgage or pledge behavior. If you are in the same debt, it is very likely that mortgage and pledge will appear at the same time. Therefore, it is necessary to strictly distinguish who has priority rights.