Can movable property and rights be mortgaged?

4) In principle, the relationship between usufructuary rights and security interests is exclusive, and there is a compatibility relationship exceptionally Since the subject matter of usufructuary rights such as the right to use the base, the right to use agricultural land, the right to use adjacent land and the right to pawn is immovable property, and the subject matter of the pledge and lien right as security rights is movable property or property rights, the problem of coexistence on the same subject matter does not occur between them. The so-called repulsion and compatibility between usufruct and security interest mainly exists between usufruct and immovable property mortgage. Since these two types of rights, one is the substantive right to control and usufruct of the subject matter, and the other is the value control and security right of the non-possession of the subject matter, there is no objective exclusive effect between the two, but only the exclusive effect of exercise and realization.

In countries and regions where private ownership of land is permitted, the law usually allows the usufruct right and the mortgage right to coexist on the same immovable property, and also allows the usufructuary right itself to be the subject matter of the mortgage right (except that the right to use the adjacent land is a subordinate property right, so it is not allowed to create a mortgage with this as the subject matter alone), and the usufructuary right and the mortgage right are compatible in principle. However, in China, the socialist public ownership of land is practiced, and land ownership cannot be transferred in accordance with civil means, and only land use rights are allowed to be transferred. Creating a mortgage on land means that a transfer of ownership may occur, so the creation of a mortgage on land is also prohibited by law.

In this way, due to the public nature of the property law and the implementation of the legal doctrine of property rights, the problem of the coexistence of usufruct rights and security rights in land does not occur in China's legal system. The coexistence of usufructuary and mortgage rights is the only case where the housing pawn right and the housing mortgage coexist, that is, the owner of the house can create a mortgage after the house is listed, and vice versa. According to the general rules of the relationship between the usufruct right and the mortgage right, if there is a conflict between the realization of the mortgage right and the pawn right, the validity relationship shall be determined according to the order in which the right is created

If the mortgage is created first, and the subsequent pawn interferes with the realization of the mortgage, the pawn may be extinguished; However, if the mortgage is created later, even if it encounters obstacles to its realization, the earlier pawn is still valid, and the mortgagee may not demand that it be broken. It should also be noted that China's law allows the right to use the base as a mortgage property, and the right to use wasteland such as the "four wildernesses" in rural areas is also allowed to be mortgaged (in addition, the right to use agricultural land can neither be transferred nor mortgaged). Is this a situation where land use rights and mortgage rights coexist?

It should be negative. Because the land use right is a "real estate right", its subject matter is the land, that is, the real estate itself, while the mortgage right of land use right is a "right property right" (right mortgage right), and its subject matter is the land use right, not the land itself, and the object of the two is different. Therefore, this situation does not belong to the compatibility or exclusion of all property rights on the same subject matter in this article.

It goes without saying that the transfer of a mortgage, pledge or lien together with the secured claim into a pledge is a similar situation.

I also chose ownership, hehe, a piece of wrong.

Legal Analysis: No. Rationale:

According to Article 184 of the Property Law of the People's Republic of China, the following property shall not be mortgaged: (1) land ownership 2) land use rights owned by collectives such as cultivated land, Dana homesteads, self-reserved land, and self-maintained mountains, except for those that may be mortgaged by law, 3) educational facilities, medical and health facilities, and other social public welfare facilities of public institutions, social organizations, such as schools, kindergartens, hospitals, etc., 4) property whose ownership or right to use is unclear or disputed, 5) property that has been sealed, seized, or seized in accordance with law. 6) Other property that shall not be mortgaged as stipulated by laws and administrative regulations. Therefore, the right cannot be mortgaged.

Legal basis: Article 399 of the Civil Code of the People's Republic of China The following property shall not be mortgaged:

a) land ownership;

2) The right to use collectively owned land such as homesteads, self-reserved land, and self-maintained mountains, except where the law provides that it may be mortgaged;

3) Educational facilities, medical and health facilities, and other public interest facilities of non-profit legal persons established for public welfare purposes, such as schools, kindergartens, and medical institutions;

4) Property whose ownership or right to use is unclear or disputed;

5) Assets that have been sealed, seized, or supervised in accordance with law;

6) Other property provided by laws and administrative regulations must not be mortgaged.

A security interest may be immovable or movable. If the movable property is mortgaged in accordance with the law, the mortgage right shall be established when the mortgage contract takes effect; Without the Void Spine, it must not be confronted against a bona fide third party. Therefore, if you want to mortgage movable property, you also need to register the mortgage.

Civil Code of the People's Republic of China

Article 395.

The following property that the debtor or a third party has the right to dispose of may be mortgaged:

1) Buildings and other land attachments;

2) the right to use construction land;

3) the right to use maritime space;

4) Production equipment, raw materials, semi-finished products and products;

5. Buildings, ships, and aircraft under construction;

6) means of transport;

7) Other property that is not prohibited by laws or administrative regulations from being mortgaged.

The mortgagor may use the property listed in the preceding paragraph together against the mortgage.

A chattel mortgage is usually effective when the mortgage contract is signed; However, if the mortgaged movable property needs to be registered, such as automobiles, ships, enterprise facilities, etc., the mortgage contract shall take effect from the date of registration of the mortgage. Unregistered. There is no right to resist a bona fide third party.

[Legal basis].

Article 225 of the Civil Code of the People's Republic of China.

The creation, alteration, transfer and extinction of real rights in ships, aircraft, motor vehicles, etc., without registration, shall not be subject to the use of a bona fide third party.

Article 403.

If the mortgage is made on movable property, the mortgage right shall be established when the mortgage contract takes effect; Without registration, it is not allowed to confront a bona fide third party.

Article 404.

Where movable property is mortgaged, it shall not be used against a buyer who has paid a reasonable price and obtained the mortgaged property in the course of normal business activities.

The rights of the mortgagee are: 1. The right of priority to be repaid. If the debtor fails to perform the due debts or the mortgage rights are realized as agreed by the parties, the creditor has the right to be repaid in priority for the property; 2. The right to dispose of stupid sails.

The mortgagee may discount the mortgaged property or auction or sell it if it is hail.

[Legal basis].

Article 394 of the Civil Code of the People's Republic of China provides that if the debtor or a third party does not transfer the possession of the property and mortgages the property to the creditor for the performance of the debt, the debtor shall have the right to be repaid in priority if the debtor fails to perform the due debt or the mortgage is realized as agreed by the parties. 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.