What is the difference between mortgage and pledge lien?

Mortgage means that the debtor or a third party does not transfer the possession of the property that can be mortgaged under the legal rules, and uses the property as security for the creditor's rights, and when the debtor fails to perform the debt, the creditor has the right to be repaid in priority for the sale price of the collateral in accordance with the law.

Pledge means that the debtor or a third party transfers its movable property to the creditor for possession, and uses the movable property as security for the creditor's rights, and when the debtor fails to perform the debt, the creditor has the right to be repaid in priority for the sale price of the movable property in accordance with the law.

Lien means that, in accordance with the rules of Article 84 of this Law, if the creditor takes possession of the debtor's movable property in accordance with the contract, and 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 rules of this Law, and to receive priority payment at the discount of the property or the price of auction or sale of the property.

The difference between a mortgage and a pledge is:

The subject matter of the mortgage is usually immovable property or special movable property (car, boat, etc.);Pledges are mainly movable assets.

A mortgage is only effective if it is registered, and a pledge is only in possession.

The mortgage only has the effect of a simple guarantee, while the pledgee in the pledge not only controls the pledge, but also can reflect the effect of the lien.

The realization of the mortgage right is mainly through the application to the court for auction, while the pledge is mostly sold directly.

The difference between lien and pledge:

Lien is a statutory form of security, and the establishment of the lien does not depend on the agreement of the parties, but directly stems from the legal rules. The establishment of a pledge requires the parties to reach an agreement, and the pledge is the result of the agreement of the parties.

The lienholder and the lien are both in possession of the other party's property, and the possession of the lien occurs in accordance with the main contract. The possession of the pledge shall occur in accordance with the pledge contract.

The lien has a "double effect" in terms of content and order. Effect of a lien, i.e. a refusal to return the movable property in possession;The effect of liquidation is that if the debtor still fails to perform the debt after a certain period of grace, the lienholder can agree with the debtor to discount the value of the lien, and can also auction and sell the lien in accordance with the law. Staking is not divided into two validities.

When the performance period of the debt expires and the pledgee has not been repaid, it can agree with the pledgor to discount the pledge, and can also auction and sell the pledge in accordance with the law.

Pay attention to the global online school and ask what is the difference between mortgage and pledge lien.

The difference between a mortgage pledge lien.

Legal Analysis: Lien: i.e. placed, arranged. Nowadays, it mostly refers to the creditor who takes possession of the debtor's movable property in accordance with the law due to a custody contract, transportation contract or processing contract, and retains the movable property as security for the creditor's right before the creditor's right is not repaid as scheduled.

Mortgage: When the debtor fails to perform the debt, the creditor shall be repaid in priority at the discount of the property or the price of auction or sale of the property when the debtor fails to perform the debt.

Pledge: The debtor or a third party transfers its movable property or certificate of right to the creditor for possession, and uses the property as security for the creditor's rights, and when the debtor fails to perform the debt, the creditor has the right to be repaid in priority with the price of the property discounted or auctioned or sold.

Legal basis: Civil Code of the People's Republic of China

Article 394:Where the debtor or a third party does not transfer possession of the property but mortgages the property to the creditor in order to guarantee the performance of the debt, and the debtor fails to perform the debts due or the mortgage is realized as agreed by the parties, 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 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 preferential repayment for 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 difference between arriving at the Ling cherry blossom and the ruler is only Cong and the mountain is retained.

Contact: Mortgage, pledge and lien are all forms of security stipulated in the Security Law.

Differences: different subject matter: mortgage, movable and immovable property can be mortgaged; Pledge is divided into movable property pledge and right pledge, and immovable property shall not be pledged; The retention of Li Peizhi is limited to movable property, and it needs to be in the same legal relationship with the creditor's rights (except for enterprises).

The establishment of rights is different: if the movable property is mortgaged, the registration is effective against a third party; The right to disturb the mortgage is created from the time the mortgage contract takes effect, and without registration it cannot be used against a bona fide third party. Mortgage on immovable property:

registration of the creation of a mortgage; For the pledge of movable property, the pledge right shall be established when the pledgor delivers the pledged property. The pledge shall be established from the date on which the certificate of right is delivered to the pledgee; If there is no certificate of right, the pledge shall be established from the time when the relevant department handles the registration of the pledge. The right of lien is the right to seize the movable property of another person before the creditor's right is discharged, and this right to possess and detain the movable property of another person is prescribed by law.

Mortgage and pledge rights shall be created by agreement of the parties; The right of retention is statutory, and the parties cannot arbitrarily create it.

Distinction: Mortgage means that the debtor or a third party does not transfer possession of a specific property (mainly immovable property) and uses the property as security for the creditor's rights.

Pledge refers to the debtor or a third party to transfer the movable property or rights of the debtor to the creditor's possession, which is used to guarantee the realization of the creditor's rights, and when the debtor fails to perform the debt, the creditor has the right to be repaid in priority for the movable property or rights in accordance with the law.

Lien refers to the legal act of one of the parties to a contract taking possession of the property of the other party in the contract in accordance with the provisions of the law or the contract, and has the right to lien to protect its own legitimate interests. If the debtor fails to perform the debts arising from the custody contract, the transportation contract or the processing contract, the creditor shall have the right of lien.

1. Pledge. <>

Mainly movable property and property "****" For example, I pledge ** to you, I lose the right of possession, you obtain **possession, and at the same time, I deliver it to you **, and the pledge contract takes effect.

2. Mortgage. <>

It mainly refers to real estate and movable property, that is to say, houses, land, can be mortgaged. For example, if I mortgage the house to you, I still have the right of possession of the house, I do not lose the right of possession, and I need to register it to be effective. If I can't pay off my debts after it takes effect, you can negotiate with me to sell the house at a discount auction to compensate you, and if I don't agree, you can sue me.

3. Retention in custody. <>

Different from pledge and mortgage, his creation is statutory, not an agreement between the parties is a right.

The formation of a lien must require the creditor to take possession of the debtor's movable property in accordance with the contract, similar to a pledge. However, the difference with mortgage and pledge is that the lien is not created for security, and both mortgage and pledge are created for security, so the lien is in other agreed contracts, such as warehousing, processing, etc. Statutory protection of the rights of the parties to the reform of the high-level reform.

In contract law, the validity of an agreement is stronger than that of a statutory agreement. If there is an agreement, it will be agreed, and if there is no agreement, it will be prescribed by law.

For example, I run a warehouse, you have the goods in place, I have the right to possess your movable property, and you pay me the rent of the warehouse on an annual basis, but because you have been in arrears of rent for a long time, I decided to exercise the right of lien to detain your goods, and the lien has priority to be paid, and it is obvious that the lien is not collateral so it is qualitatively different from the mortgage pledge.

What are the differences between mortgage, pledge and lien First of all, the common point of these three is the "property security" in the Security Law. Legally, both mortgages and pledges are rights that can be created by mutual agreement. The lien is a legal right, and as long as the circumstances prescribed by law are met, the lien holder will automatically enjoy this right.

Here's a brief introduction, what exactly are the three of them? The so-called mortgage is to mortgage one's property to others, but oneself can still use it normally, but the right is fixed through contract or registration, or both. Only after the expiration of the contract can the mortgage party fail to fulfill its obligations, the mortgage can exercise its rights.

Pledge and mortgage are relatively similar, but there are two differences. The first pledge is to hand over the items to the pledgee for safekeeping, and he is no longer sensitive to normal use. Of course, the pledgee cannot be used, and if there is damage, it needs to be compensated.

Second, the pledged property can only be movable property, such as jewelry, vehicles and other movable property. Mortgages, on the other hand, include both movable and immovable property. From a simple analysis, the above is the difference between pledge and mortgage.

As for liuzhi, there is actually a big difference between the two and the former Binaso. Because the subjects he mainly protects are generally relatively special, such as craftsmen, repairmen, and the like. The main protection is the right to the hand-written livelihood security of these laborers.

In other words, it is afraid that the customer will not pay, so he has to force the customer's things to stay and not let the customer take them. So that the customer pays for it. If the customer does not pay after a certain period of time, the lienholder is free to dispose of the item.

The above is the analysis of the three, of course, this is just a simple analysis.