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Anonymous users2024-02-07The forms of debt security include the following:
1.Guarantee. It refers to the act of agreeing between the guarantor and the creditor that when the debtor fails to perform the debt, the guarantor shall perform the obligations of the main contract or assume responsibility in accordance with the agreement.
2.Mortgage. It means that the debtor or a third party does not transfer the possession of the mortgaged property and uses the mortgaged property as security for the creditor's rights.
3.Impawn. It means that the debtor or a third party transfers its movable property to the creditor for possession, or hands over its property rights to the creditor's control, and uses the movable property or property rights as security for the creditor's rights.
4.Indwelling. It means that in the custody contract, transportation contract or processing contract, 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 provisions of the Security Law, and the property is discounted or the price of the property is auctioned or sold in priority.
5.Deposit. Legal basis].
Article 681 of the Civil Code stipulates that a guarantee contract is a contract in which the guarantor and the creditor agree that the guarantor will perform the debt or assume the responsibility when the debtor fails to perform the due debt or the circumstances agreed by the parties occur.
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Anonymous users2024-02-06Guarantee: Guarantee refers to the agreement between the guarantor and the creditor that when the debtor fails to perform the debt, the guarantor will perform the debt or assume responsibility according to the agreement; mortgage guarantees; pledge of movable property; pledge of rights; Indwelling. Deposit.
Article 681 of the Civil Code of the People's Republic of China provides that a guarantee contract is a contract in which the guarantor and the creditor agree that the guarantor will perform the debt or assume responsibility when the debtor fails to perform the due debt or the circumstances agreed upon by the parties occur.
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Anonymous users2024-02-05Legal analysis: The deposit secured by the creditor's right means that the seller may require the buyer to pay a certain percentage of the total purchase price in advance as a guarantee for the payment of all the purchase price before the contract is not performed. The guarantee of debt security means that the seller may require the buyer to provide a legal person with strong economic strength and good faith as a third party to guarantee the buyer's payment.
If the buyer fails to make the payment on time, the guarantor shall be liable for payment. When the debtor fails to perform the debt, the creditor has the right to be repaid at a discount to the auction or sale price of the property in accordance with the law of Senlu.
Legal basis: Article 586 of the Civil Code of the People's Republic of China The parties may agree that one party shall pay a deposit to the other party as security for the creditor's rights. The deposit contract is concluded when the deposit is actually paid.
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Anonymous users2024-02-04There are five ways to express the guarantee of creditor's rights: first, the deposit; the second is guarantee; the third is mortgage; fourth, pledge; Fifth, liuzhi.
1. Deposit means that the seller may require the buyer to pay a certain percentage of the total purchase price in cash in advance before the contract is performed, as a guarantee for the payment of all the payment when due.
2. Guarantee means that the seller may require the buyer to provide a legal person with strong economic strength and good faith as a third party to guarantee the buyer's payment. If the buyer fails to make the payment on time, the guarantor shall be liable for payment.
3. Mortgage means that the buyer or a third party provides a certain amount of property as a guarantee for payment, and when the debtor fails to perform the debt, the creditor has the right to be repaid in priority at the price of the property auction or sale at a discount according to law.
4. Pledge refers to the transfer of property by the seller or a third party to the creditor, so that the latter can enjoy the priority right to be repaid.
5. Lien refers to the retention of the debtor's property in the possession of the debtor by the creditor in accordance with the provisions of the law or the contract until the debts owed by the debtor are fully paid off before returning them to the debtor.
Legal basis] Article 388 of the Civil Code To establish a security interest, a security contract shall be concluded in accordance with the provisions of this Law and other laws. Guarantee contracts include mortgage contracts, pledge contracts and other contracts with security functions. The guarantee contract is a subordinate contract of the main creditor's rights and debts.
If the principal creditor's rights and debts contract is invalid, the guarantee contract shall be invalid, except as otherwise provided by law.
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