Does the pledge transfer ownership whether the ownership of the pledge has been transferred

Staking does not transfer ownership. Therefore, the pledgee has the responsibility to ensure that your pledge is intact within the pledge period. Of course, because it is a pledge, the relative part of the right to use is frozen. However, this does not mean a transfer of ownership.

The simplest example: as a pledge, if the loan cannot be repaid in accordance with the contract at that time, the pledgee shall not directly use the pledge to pay the debt, nor shall it stipulate the relevant terms in the contract. This can only be done through a statutory auction or a separate agreement for the settlement of debts.

Article 40 of the Security Law of the People's Republic of China stipulates that: "When entering into a mortgage contract, the mortgagee and the mortgagor shall not stipulate in the contract that the ownership of the mortgaged property shall be transferred to the creditor when the mortgagee has not been repaid upon the expiration of the debt performance period." ”

The pledge does not transfer ownership, but transfers possession, that is, the pledgor should transfer the pledge to the pledgee for possession.

Legal analysis: According to the provisions of the Civil Code, neither pledge nor mortgage can stipulate the transfer of the ownership of the subject matter during the guarantee period, but when the mortgage or pledge right is exercised, the ownership of the subject matter can be transferred.

Legal basis: Article 401 of the Civil Code of the People's Republic of China If the mortgagee agrees with the mortgagor that the mortgaged property belongs to the creditor when the debtor fails to perform the due debts or before the expiration of the period for performing the debts, the mortgagee can only be repaid in priority for the mortgaged property in accordance with the law.

Staking does not transfer ownership. Pledge means that the debtor or a third party pledges its movable property to the creditor Chunsui for possession, or delivers the certificate of right to the creditor for possession in accordance with the law, and the ownership of the movable property or the ownership of the right still belongs to the pledgee.

Article 425 of the Civil Code of the People's Republic of China 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 parties agree to realize the pledge, the creditor has the right to be repaid in priority for 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 to Qiao Zheng is the pledged property. Article 441 of the Civil Code of the People's Republic of China Where a bill of exchange, promissory note, check, bond, deposit receipt, warehouse receipt, or bill of lading is pledged, the pledge shall be established when the certificate of right is delivered to the pledgee; If there is no certificate of right, the pledge shall be established when the pledge is registered.

Where the law provides otherwise, follow those provisions.

Staking does not transfer ownership. Pledge means that the debtor or a third party pledges its movable property to the creditor for possession, or delivers the certificate of right to the creditor for possession in accordance with the law, and the ownership of the movable property or the ownership of the right still belongs to the pledgee.

Pledge security is a form of security for debts, that is, the debtor can use the movable property of its ownership or legal certificate of right as a creditor, or a third party can also use its movable property or legal certificate of right as a creditor to provide security for the debtor, and the pledge has the following characteristics:

1. It has the common characteristics of all security interests, subordination, indivisibility and subrogation;

2. The sign of the pledge is movable property and transferable right, and the immovable property cannot be set up as a pledge;

3. The pledge is a security right in the possession of the pledge, and the pledge is established with the possession of the subject matter.

1. What are the ways of guarantee?

1) Warranty. Guarantee refers to the act of agreeing between the guarantor and the creditor that when the debtor fails to perform the debt, the guarantor will perform the debt or assume the responsibility according to the agreement.

2) Mortgage. Mortgage means that the debtor or a third party does not transfer the possession of the property and uses the property as security for the creditor's rights. When the debtor fails to perform its debts, the creditor has the right to be repaid in priority in accordance with the provisions of the law at the discount of the property or the price of the auction or sale of the property.

3) Staking. Pledge means that the debtor or a third party transfers its movable property or certificate of right to the creditor for possession, and uses the movable property or right as security for the creditor's right. When the debtor fails to perform its debts, the creditor has the right to be repaid in priority in accordance with the provisions of the law at a discount for the movable property or right, or at the price of auction or sale of the movable property or right.

4) Deposit. A deposit is a form of security in which a certain amount of money is paid as security before the conclusion of a contract or its performance. The party who pays the deposit is called the party who pays the deposit, and the party who receives the deposit is called the party who receives the deposit.

5) Lien. Lien means that in accordance with the provisions of the law, 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 provisions of the law, and discount the property or auction the bath.