Why is the pawn not included in the property law?

The Civil Code regulates all aspects of our lives. We have two ridiculous views: simply put, what we have learned in half a lifetime is ruined in one fell swoop; What is the second point? Whether it's a new bottle or an old wine, it's all wrong, it's a joke.

The so-called pawn right refers to the right to occupy the real estate of others within a certain period of time by paying a certain pawn price, so as to obtain the right to use and benefit. The pawn bearer and the pawn (house owner) should enter into a deed to agree on the redemption period (i.e., the duration of existence), which generally ranges from 3 to 10 years, but the longest shall not exceed 20 years. When due, the pawn will pay off the pawn price and redeem the house.

Hello! Pawn right is a kind of property right, pawn right refers to the right of civil subject to pay a certain amount of ** to occupy, use and benefit from the real estate of others. The certain ** here is called the pawn price; Immovable property is pawned; The party who accepts the pawn price and temporarily renounces the property is the pawn person; The party who pays ** is the pawn!

What is the expression of intent in civil law? -

As an element of civil juristic acts, the expression of intent refers to the external expression of the actor's intrinsic intention to establish, modify, or terminate civil rights and obligations. The expression of intention includes both the elements or contents of the intention and the expression.

Q2014-07-24

The pawn right is a property right. The right to pawn refers to the right to occupy, use, and benefit from the immovable property of others. So the sliding ridge is one of the property rights.

In ancient times, the word pawn was commonly used, and this involved pawn power. The validity of the pawn right mainly involves the rights and obligations of both parties.

[Legal basis].Article 205 of the Civil Code of the People's Republic of China.

This Part regulates the civil relations arising from the ownership and use of things.

Article 240.

The owner shall have the right to occupy, use, benefit from and dispose of his immovable or movable property in accordance with law.

Article 241.

The owner has the right to create a usufructuary right and a security interest in his immovable or movable property. The usufructuary right holder or security right holder shall not harm the rights and interests of the owner in exercising the right of credit and profit.

Hello landlord.

The pawn right is a kind of property right, but it is not stipulated in the Property Law of the People's Republic of China. However, pawn power does exist, such as the provisions on pawn power in the Mintong Opinions (Article 120 of the Mintong Opinions), and some administrative regulations also stipulate pawn power (the Measures for the Administration of Pawnbroking).

Therefore, it can be said that pawn rights are legal property rights in China, but they are not systematically and uniformly regulated like property rights such as ownership.

China's civil law scholars believe that pawn rights are a kind of property rights.

The so-called pawn right refers to a kind of real right to possess, use and benefit from the immovable property of others. It mainly has the characteristics of no variable compensation, no indivisible, no subrogation in rem, and no subordination.

According to Article 2, Paragraph 3 of the Property Law, a property right refers to the right holder's direct control and exclusive power over a specific thing in accordance with the law, including ownership, usufruct and security interest.

The pawn right belongs to the usufructuary right in the property right.

The Property Law stipulates that pawn rights do not belong to property rights.

After the passage of the Property Law in 2007, according to the legal principle of property rights, pawn rights"Not really"Types of usufruct rights.

Pawn rights are a type of property rights. Pawn right refers to the possession, use, and benefit of other people's immovable property and a kind of real right. The pawn has the right to possess and fully use the immovable property as a pawn, and the scope of the use of other usufruct rights is usually limited to a certain range of mu sales, so the content of the pawn right is second only to ownership.

Pawn right refers to the right to pay the pawn price, take possession of the real estate of others, and use and benefit from it. At present, except for the 1958 Civil Code of South Korea and the Civil Code of Taiwan, other countries and regions have no provisions on this. According to traditional Chinese thinking, the sale of ancestral property, especially real estate, by children and grandchildren is considered "loser" and "unscrupulous", and is ridiculed by everyone.

Therefore, no matter what the circumstances, it is not easy to sell the ancestral property. Therefore, when there is an urgent need for funds or life difficulties and there is no other way to solve them, he invented the pawn system, and pawned all his immovable cherry limbs to others to use the proceeds to obtain an amount equivalent to the selling price, and retained the ownership of the property, and when he has the ability in the future, he can redeem it at the original price, so that he not only obtained funds to meet emergency needs, but also avoided the shame of selling ancestral property. If the pawn pays a price lower than the purchase price and obtains the right to use the pawn, there is still the possibility of obtaining the ownership of the pawn in the future, so the establishment of the pawn system is a way to get the best of both worlds for the pawn and the pawn.

1. The difference between a security interest and a secured claim.

1) The guarantor guarantees to the creditor that the debtor will perform the debt, and if the debtor fails to perform the debt, the guarantor shall perform or bear joint and several liability in accordance with the agreement; The guarantor has the right to recover from the debtor after performing the debt.

2) The debtor or a third party may provide certain property as collateral. If the debtor fails to perform its obligations, the creditor shall have the right to be repaid in priority at the discount of the collateral or the price of the sale of the collateral in accordance with the provisions of the law.

3) One of the parties may pay a deposit to the other party within the scope prescribed by law. After the debtor performs the debt, the deposit shall be offset against the price or recovered. If the party who paid the deposit fails to perform its obligations, it has no right to demand the return of the deposit; If the party receiving the deposit fails to perform the debt, it shall be refunded twice.

4) If one party takes possession of the other party's property in accordance with the contract, and the other party fails to pay the payment due in accordance with the contract, and the agreed period is exceeded, the person in possession has the right to retain the property, and in accordance with the provisions of the law, the property in the retained property is discounted or the price of the property is sold.

2. Does the right in rem include the right of mortgage?

A mortgage is a property right.

The mortgage right refers to the right of the debtor or a third party to take possession of the property without transferring it, and 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 receiving repayment for 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.