What are the forms of debt security?

The 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.

Function: 1. In essence, financial integration is the monetary expression of the entire commodity circulation process. Physical movement manifests itself as a cycle of money funds.

2. From an economic point of view, the idleness of funds means the idleness of physical objects, which shows that the financing of funds is of great significance.

3. In a legal sense, the process of financing mainly refers to the process of establishment, development and completion of the lending relationship. In the market economy society, due to the role of various factors, the distribution of money and physical goods among various economic subjects is always in an unbalanced state.

Article 386 of the Civil Code provides that the holder of the security interest shall enjoy the right to be repaid in priority in respect of the secured property in accordance with the law in the event that the debtor fails to perform the debts due or the parties agree to realize the security interest, except as otherwise provided by law.

The forms of creditor's rights guarantee are guarantees, mortgages, pledges, liens, and deposits. There are five types of security methods for creditor's rights security, which are as follows:

1. The rights arising from the guarantee are creditor's rights and do not have priority in repayment;

2. The right arising from the deposit is also a creditor's right, and it also does not have priority to be repaid;

3. Mortgage, lien and pledge obtain a security interest, and have the priority right to be repaid for the collateral and the price obtained from its realization.

What are the characteristics of a secured debt certificate.

The characteristics of a secured debt certificate are as follows:

1. The creditor's right certificate is issued by the court in the course of the enforcement process, and there is no strict trial procedure;

2. The certificate of creditor's rights is issued when the person subject to enforcement has no property to be enforced, or the existing property is still insufficient to pay off the debt after enforcement;

3. The certificate of the right to the debt is a legal document issued by the court to the parties, which has legal effect, and when the obligee has evidence to prove that the person subject to enforcement has the ability to perform, it can directly apply to the court for enforcement according to the certificate of creditor's rights;

4. The content of the creditor's right certificate is the legal basis for the creditor to apply for enforcement.

Legal basis: Article 681 of the Civil Code of the People's Republic of China.

A guarantee contract is a contract in which the guarantor and the creditor agree that the guarantor will perform the debt or assume the liability when the debtor does not perform the due debt with Duan He or when the circumstances agreed by the parties occur.

Legal analysis: personal guarantee, material guarantee, and a combination of the above two types of security; Or it can also be divided into mortgage security; pledge security; or other ways with guarantee functions, such as the payment of deposits, liens.

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

Article 388: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.

Article 392:Where the secured creditor's rights are secured by both real and personal security, and the debtor fails to perform the debts due or the parties agree to realize the security interest, the creditor shall realize the creditor's rights in accordance with the agreement; If there is no agreement or the agreement is not clear, and the debtor provides security for the thing, the creditor shall first realize the creditor's right on the security of the thing; If a third party provides security in kind, the creditor may realize the creditor's rights in respect of the security in rem, and may also request the guarantor to bear the guarantee liability. The third party providing the guarantee has the right to recover from the debtor after assuming the guarantee liability.