What is the difference between a mortgage and a pledge?

The differences between staking and staking are as follows:

The meaning is different. 1. A pledge is the transfer of possession of a property by the debtor to the creditor, and the latter holds the property as a guarantee for the former to perform a certain payment of money or performance obligation.

2. Mortgage refers to the agreement between the mortgagor and the creditor in writing not to transfer the possession of the mortgaged property and to use the property as security for the creditor's rights.

The right to transfer is different.

1. The pledge is one of the security interests, and the possession of the pledged property must be transferred, and the debtor cannot use the pledged property.

2. The mortgage does not transfer the collateral, and the debtor can continue to use the collateral during the existence of the debt.

The mortgage object is different.

1. The pledge object can be divided into two types: movable property pledge and right pledge. A pledge of movable property refers to a pledge of something that is movable and therefore does not impair its utility, and a pledge of rights refers to a pledge of a transferable right as the subject matter.

2. The mortgage object is divided into movable property and immovable property mortgage, which is an important feature of the loan contract. There are two different types of security from pledge.

The person responsible for the damage to the object is different.

1. The pledgee shall be liable for the damage or decrease in the value of the pledged property after the pledge.

2. If the collateral is damaged or the value is reduced after the mortgage, the mortgagor shall be liable.

The biggest difference between mortgage and pledge is that mortgage does not transfer collateral, while pledge must transfer possession of the pledge, otherwise it is not a pledge but a mortgage. The second big difference is that a pledge cannot pledge immovable property (e.g. real estate) because the transfer of immovable property is not possession, but registration.

1) Mortgage refers to the debtor or a third party does not transfer the possession of its specific property, and uses the property as security for the creditor's right, and when the debtor fails to perform the debt, the creditor has the right to discount the property or give priority to the repayment at the auction or sale price in accordance with the law.

The property is called the collateral, the debtor or a third party is called the mortgagor, and the creditor is called the mortgagee. There are two types of mortgage rights: statutory and conventional. Statutory or not, whether agreed or not, must be in accordance with the provisions; Where the law allows the parties to agree, it may be resolved through negotiation.

The collateral must be the property owned by the mortgagor that can be transferred, and it shall not be used as collateral if it is prohibited by law from being circulated or not enjoyed by the parties. A written contract shall be signed for mortgage security, which also includes the type and amount of the principal debt to be guaranteed, the time limit for the debtor to perform the debt, the name, quantity, location, ownership, and scope of the mortgage.

The mortgage guarantee shall be registered as a mortgage, the mortgage contract shall take effect from the date of registration, and the authority accepting the mortgage registration shall be the administrative organ of the property, such as the mortgage registration authority for land use rights shall be the land management authority, and the mortgage registration authority for ships and vehicles shall be the registration department for means of transport.

2) Pledge refers to the debtor or a third party to transfer its specific property to the creditor for possession 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 according to law.

The property is called a pledge, the person who provides the property is called the pledgee, and the person who has the pledge is called the pledgee. A written contract shall be signed for the pledge guarantee, and the pledge contract shall take effect when the pledge or pledge is transferred to the possession of the pledgee, and the content of the pledge contract shall be basically the same as that of the mortgage contract.

Further Material: Legal Basis:

Article 33 of the Guarantee Law of the People's Republic of China.

Mortgage, mortgagor, mortgagee and collateral] The term "mortgage" as used in this Law refers to the debtor or a third party not transferring possession of the property listed in Article 34 of this Law and using the property as security for the creditor's rights. When the debtor fails to perform its obligations, the creditor shall have the right to receive preferential repayment in accordance with the provisions of this Law at the discount of the property or the price of the auction or sale of 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 security is the collateral.

Article 63 of the Guarantee Law of the People's Republic of China.

Definition of Movable Property Pledge] The term "movable property pledge" as used in this Law refers to the debtor or a third party handing over its movable property to the creditor for possession and using the movable property as security for the creditor's rights. When the debtor fails to perform its obligations, the creditor shall have the right to receive priority repayment in accordance with the provisions of this Law at the discount of the movable property or the price of the auction or sale 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 transferred is the pledge.

The pledged item needs to be registered to be valid, while the pledged item only needs to be in possession to be valid;

There is a big difference between mortgage and pledge, mortgage refers to the debtor or a third party to provide a certain amount of property as collateral, the debtor fails to perform its obligations, and the creditor has the right to be repaid in priority with the price of the collateral discounted or sold in accordance with the provisions of the law. The subject matter of the mortgage can be immovable property, such as a house, but the ownership of land cannot be used as collateral; It can also be movable property, such as means of production, means of subsistence, or some special rights such as intellectual property rights. During the mortgage period, if the mortgagor transfers the same collateral to another person without the consent of the creditor, its act is invalid.

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 repay the debts by discounting or selling the movable property or rights in accordance with the law. Article 69 of the Security Law stipulates that the pledgee has the obligation to properly keep the pledge.

If the pledge is lost or damaged due to improper storage, the pledgee shall bear civil liability. If the pledgee's failure to properly keep the pledge may cause it to be lost or damaged, the pledgor may require the pledgee to deposit the pledge, or request the pledge to be repaid in advance and the pledge returned.

Mortgage means that the debtor or a third party does not transfer the possession of the property that can be mortgaged as prescribed by law, 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 preferentially for the sale price of the movable property in accordance with the law.

The difference between mortgage and pledge is:1The subject matter of the mortgage is usually immovable property and special movable property (car, boat, etc.); Pledges are mainly movable assets.

2.A mortgage is only effective if it is registered, and a pledge is only in possession. 3.

A mortgage only has the effect of a simple guarantee, while in a pledge, the pledgee not only controls the pledge, but also can reflect the effect of a lien. 4.The realization of the mortgage right is mainly through the application to the court for auction, while the pledge is mostly sold directly.

Hello, the fundamental difference between a pledge and a mortgage is whether or not to transfer possession of the secured property.

The mortgage does not transfer the form of possession of the collateral, and the mortgagor is still responsible for the custody of the collateral; The pledge changes the form of possession and management of the pledged property, and the pledgee is responsible for keeping the pledged property. Generally speaking, the mortgagor shall be liable for the damage or decrease in the value of the collateral, and the pledgee shall be liable for the damage or decrease in the value of the collateral.

The creditor does not have the right to dispose of the collateral directly, and needs to negotiate with the mortgagor or complete the disposal of the collateral after the court makes a judgment through litigation; The disposal of the pledged property does not need to go through negotiation or court judgment, and the pledgee can dispose of it after the time specified in the contract. To put it simply, the mortgage is something in your own hands, but others can claim rights to your things, do not pay back, others can sue and buy, pledge is to put things in the hands of others for money, do not pay back, others will buy directly, the above answer is provided by Ronglian Weiye for you, please refer to.

The collateral of the mortgage loan is generally real estate, and at present, our bank only accepts real estate as collateral; The pledge of the loan is a movable property or right that can be clearly identified and effectively controlled.

"Mortgage"with"Staking"The difference is:

1. The collateral of the mortgage is mainly immovable property, such as land use right version, real estate, etc.; It can also be used as movable property, such as televisions, machinery and equipment, etc.

The pledged items are movable property, such as televisions, machinery and equipment, etc.; It can also be rights, such as certificates of deposit, bills of exchange, legally transferable shares, **, property rights in legally transferable patent rights, etc.

2. In the process of mortgage, the collateral is still in the hands of the mortgagor, and in the process of pledge, the collateral must be stored in the hands of the pledgee.

3. The effectiveness of the mortgage contract. if it is immovable property, it shall take effect from the date of registration; If it is movable property, it shall take effect from the date of signing.

Effectiveness of the pledge contract. Automatic title or certificate of entitlement is effective from the date of delivery.

1) The subject matter of the mortgage is movable and immovable property; The subject matter of the pledge is movable property and rights.

2) the mortgage is not transferred to possession; Transfer of possession of the pledge.

3) If the parties can voluntarily go through the mortgage registration, the mortgage contract shall take effect from the date of signing; If the parties do not need to go through the pledge registration, the pledge contract shall take effect from the date of delivery of the pledge or certificate of right.

4) If the parties handle the mortgage registration, the registration department shall be the corresponding management department of the mortgage; If the intellectual property rights are pledged, the parties shall register the pledge with the corresponding management agency.

5) If the debtor has not been repaid upon the expiration of the debt performance period, it may negotiate with the mortgagor to discount the mortgage or to be compensated with the proceeds from auction or sale of the mortgage, and if the agreement fails, a lawsuit may be filed with the people's court; If the pledgee has not been repaid upon the expiration of the debt performance period, it may agree with the pledgor to pay off the creditor's rights by discounting the pledge or auctioning or selling the pledge in accordance with law.

First, the subject matter is different. In principle, the subject matter of the mortgage shall be subject to immovable property, but it is not limited to movable property, and the law allows certain movable assets such as machinery and vehicles to be set as collateral. The subject matter of the pledge is usually movable property and rights.

For example, bills, valuables and so on can be pledged.

Second, the way is different. The mortgage does not transfer the possession of the subject matter, but is still in the possession of the owner of the subject matter; On the contrary, the pledgee must transfer the possession of the pledge, and the right of possession belongs to the pledgee.

Third, there are differences in the scope of guarantees. The scope of the statutory guarantee of the mortgage includes the main creditor's right and interest, liquidated damages, damages and the cost of realizing the mortgage right, while the scope of the pledge security also includes the cost of keeping the pledge, and the pledgee has to pay the necessary expenses for the custody of the pledge.

Mortgage refers to the legal act of the debtor or a third party to the creditor with a certain property as a guarantee for the repayment of debts. The debtor or a third party who provides the mortgaged property is called the mortgagor; The mortgaged property provided is called a collateral; The creditor is the mortgagee, and therefore enjoys a right called a mortgage, which is a type of security interest.

Pledge means that the debtor or a third party transfers its movable property or rights to the creditor for possession, and uses the movable property or rights as security for the creditor's rights. When the debtor defaults on its obligations, the creditor has the right to be repaid in priority with the property in his possession in accordance with the law. Among them, the debtor or a third party is the pledgee, the creditor is the pledgee, and the movable property or rights transferred are the pledge.

The mortgage is something in your own hands, but others can claim rights to your things, and if you don't pay back, others can sue and buy them...

Pledge is to put something in the hands of others for money, and if you don't pay it back, others will buy it directly...

This is the most common explanation ...

The mortgage is a guarantee of the physical nature, and the pledge is only a kind of mortgage in each nature, which is equivalent to a kind of mortgage...

1. Mortgage refers to the creditor's debt.

If the debtor fails to perform its obligations, the property that is used as security for the creditor's right without transfer of possession shall be repaid in priority at the discount of the property or the price of the auction or sale of the property. Characteristics of mortgage: the mortgaged property is not transferred to possession, and the mortgage is established, and the mortgage is still in the possession of the debtor or a third party (mortgagor).

The mortgagee's exercise of the right of priority is premised on the debtor's non-performance of the debt.

2. 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 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. Characteristics of movable property pledge: the debtor or a third party (pledgee) must hand over its movable property to the creditor for possession, the debtor or third party who provides the movable property is the owner of the movable property, and the exercise of the pledge of movable property must be premised on the debtor's non-performance of debts.

3..Lien means that when 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 law, and to discount or auction or sell the lien to receive priority from the proceeds. The right of lien is the right of the creditor to retain the movable property of the debtor in possession as security and realize the claim before the claim is not repaid as scheduled.

Legal Analysis: Differences:

1. The mortgage does not transfer the collateral, and the pledge must transfer the possession of the pledge, otherwise it is not a pledge but a mortgage.

2. Pledge cannot pledge immovable property (e.g. real estate) because the transfer of immovable property is not possession, but registration.

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

Article 394:Where the debtor or a third party mortgages the property to the creditor without transferring the possession of the property in order to guarantee the performance of the debt, and the debtor fails to perform the due debt or the mortgage rights are 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 by 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.