How to distinguish between mortgage, pledge, lien and pawn?

Pawn right refers to the right to take possession of another person's real estate for a certain period of time by paying a certain price, so as to obtain the right to use and benefit.

Mortgage refers to the right of the debtor or a third party not to transfer the possession of the property, but to use the property as security for the creditor's rights, and when the debtor fails to perform the debt, the creditor shall have priority in repaying the property in accordance with the procedures prescribed by law.

The pledge right is a form of security, which refers to the transfer of possession of the movable property or rights of the debtor or the third party provided by the debtor to the debtor or the third party provided by the debtor by negotiating and entering into a written contract, and the creditor has the right to be repaid with the property price in priority when the debtor fails to perform the debt.

A lien is a right of repayment to the debtor's property when the debtor fails to perform the debt within the time limit, and the party who is in legal possession of the debtor's property has the right to seize the goods and enjoy the priority right to be repaid for the goods. (Priority of compensated possession).

3) If the parties can voluntarily handle the mortgage registration, the mortgage contract shall take effect from the date of signing; If the parties do not need to go through the pledge registration, the pledge contract shall take effect from the date of delivery of the pledge or certificate of right. (4) If the parties handle the mortgage registration, the registration department shall be the corresponding management department of the mortgage; If the intellectual property rights are pledged, the parties shall register the pledge with the corresponding management agency. (5) If the debtor has not been repaid upon the expiration of the debt performance period, it may negotiate with the mortgagor to discount the mortgage or to be compensated with the proceeds from auction or sale of the mortgage, and if the agreement fails, a lawsuit may be filed with the people's court; If the pledgee has not been repaid upon the expiration of the debt performance period, it may agree with the pledgor to pay off the creditor's rights by discounting the pledge or auctioning or selling the pledge in accordance with law.

The mortgage right refers to the right of the debtor or a third party not to transfer the possession of the property, to use the property as security for the creditor's rights, and when the debtor fails to perform the debt, the creditor shall have priority in repaying the property in accordance with the procedures prescribed by law. The debtor or a third party is the mortgagor, the creditor is the mortgagee, and the property provided as security is the mortgaged property. If a person applies for a loan from a bank and uses his or her house as collateral, the bank is the mortgagee.

Pledge is a form of security, which refers to the transfer of possession of the movable property or rights of the debtor or the third party provided by the debtor and the debtor to the debtor or the third party provided by the debtor by negotiating and entering into a written contract, and the creditor has the right to be repaid in priority with the property price when the debtor fails to perform the debt. Also called "staking".

The right of retention means that if the creditor takes possession of the debtor's movable property in accordance with the contract, and if the debtor fails to perform the debt within the time limit agreed in the contract, the creditor has the right to retain the property in accordance with the law, and the property shall be discounted or the price of the property sold by auction or sale shall be paid in priority.

Dianquan is an ancient traditional system in China, which has existed in China for thousands of years with its unique convenience function. The so-called pawn right refers to a kind of real right to possess, use and benefit from the immovable property of others. The party who occupies the immovable property of another person and enjoys the right to use the proceeds is the pawn owner; The party who collects the pawn price and hands over his immovable property to the pawn owner for possession, use and income is the pawn person; The immovable property that is the object of the pawn is called the pawn; The pawn price is the consideration paid by the pawn for the possession, use and income of the real estate of others.

A pawn right is a kind of property right.

Mortgage right: refers to the right of the creditor to receive priority in payment of the price of the property discounted, auctioned or sold in accordance with the law when the debtor fails to perform the debt or the mortgage is realized as agreed by the parties in the event that the debtor or a third party provides security for the property without transferring possession.

Pledge: refers to the debtor or a third party handing over its movable property or rights to the creditor for possession, using the property as security for the creditor's rights, and when the debtor fails to perform its obligations, the creditor has the right to be repaid in priority with the price of the property discounted or auctioned or sold in accordance with the law.

Lien: refers to the right of the creditor to retain the movable property of the debtor that it has legally possessed when the debtor fails to perform the due debts, and to receive priority payment for the price obtained from the discount, auction or sale of the movable property.

A lien is a statutory guarantee, and mortgages and pledges are contractual guarantees. The statutory guarantee takes precedence over the contractual guarantee. Pledge, lien is transfer of possession, whereas mortgage is not transfer of possession. The lien is secured by movable property, the mortgage is secured by movable and immovable property, and the pledge is secured by movable property and rights.

Legal basis: Article 394 of the Civil Code provides that if the debtor or a third party does not transfer possession of the property and mortgages the property to the creditor in order to guarantee the performance of the debt, the debtor fails to perform the due debt or the mortgage rights are realized as agreed by the parties, and the creditor has the right to be repaid in priority for the property.

The debtor or third party provided for in the preceding paragraph is the mortgagor, the creditor is the mortgagee, and the property provided for by the guarantee is the mortgaged property.

Article 425:Where the debtor or a third party pledges its movable property to the creditor for the purpose of guaranteeing the performance of the debt, and the debtor fails to perform the due debt or the pledge is realized as agreed by the parties, the creditor has the right to receive priority in repayment of the movable property.

The debtor or third party provided for in the preceding paragraph is the pledgee, the creditor is the pledgee, and the movable property delivered is the pledged property.

Article 447:If the debtor fails to perform the debts due, the creditor may retain the debtor's movable property that is already in lawful possession and has the right to receive priority in repayment of the movable property.

The creditor provided for in the preceding paragraph is the lienholder, and the movable property in possession is the property in lien.

The distinction between mortgage, pledge, and lien is as follows:

1. The nature is different, the mortgage and the pledge are agreed, but the right of retention is statutory;

2. The specific implementation is different, when the debtor does not repeat the debt, the creditor can exercise the mortgage and pledge rights, and the implementation of the lien must go through certain procedures. Mortgage refers to the right of the debtor or a third party not to transfer the possession of the property, but to take the property as the subject matter of the creditor's right to hold the security of the creditor's rights, as a guarantee for the repetition of the creditor's rights, and when the debtor fails to perform the debt, the creditor has the right to dispose of the property in accordance with the provisions of the law and in accordance with the procedures prescribed by law, and the value obtained from the disposal has priority to be repaid.

Priority of mortgages, pledges, liens.

When a mortgage and a pledge coexist on the same property, if the mortgage has been registered, the mortgagee shall have priority over the pledgee in receiving compensation. Movable property can be pledged not only but also mortgaged. However, the requirements and effects for the establishment of chattel pledge and chattel mortgage are not the same.

A chattel mortgage can be set up without delivery, and registration is only a requirement against a third party; The movable property pledge can only be set after the delivery is completed, and whether it is registered or not has no impact on the validity of the pledge.

Therefore, when choosing movable property as collateral, creditors should comprehensively consider the advantages and disadvantages of mortgage and pledge. In the case of unregistered, the chattel mortgage does not have the corresponding appearance of rights, so it is more risky for the mortgagee. Therefore, it is recommended that the mortgagee must go through the mortgage registration when accepting the chattel mortgage to prevent accidents.

Legal basis: Article 394 of the Civil Law of the People's Republic of China [Definition of Mortgage Right] In order to guarantee the performance of the debt, the debtor or a third party does not transfer the possession of the property and mortgages the property to the creditor, and the debtor fails to perform the due debt or the mortgage is realized as agreed by the parties, and the creditor has the right to be repaid in priority for the property.

The debtor or a third party specified in the preceding paragraph is the mortgagor, the creditor is the mortgagee, and the property providing security is the mortgaged property.