What is the difference between staking and staking

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.

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. 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. 2. Mortgage and pledge are two different types of security, and their legal consequences are different, which are as follows:

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.

According to the law, 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 authority 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 property right in which the debtor or a third party transfers 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 in accordance with the 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.

Legal Analysis: Section 1.

1. Mortgage refers to an act in which the debtor uses a certain property as security. A pledge is when the debtor takes its movable property or rights as security. Clause.

Second, the subject matter is different. The subject matter of the mortgage is mainly immovable property, and the subject matter of the pledge is mainly movable property and rights. Clause.

3. Whether the possession of the subject matter is transferred. At the time of mortgage, the possession of the subject matter is not transferred, and the possession of the subject matter of the pledge is transferred to the creditor.

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 395:The following property that the debtor or a third party has the right to dispose of may be mortgaged:

1) Buildings and other land attachments;

2) the right to use construction land;

3) the right to use maritime space;

4) Production equipment, raw materials, semi-finished products and products;

5) Buildings, ships, and aircraft under construction;

6) means of transport;

7) Other property that is not prohibited by laws or administrative regulations from being mortgaged.

The mortgagor may mortgage the property listed in the preceding paragraph.

1. Whether to deliver the subject matter.

This can be seen from the concept of the two, and it is also the biggest difference, that is, the subject matter of the mortgage does not transfer possession, and the pledged object usually needs to transfer possession.

2. The subject matter is different.

Generally speaking, real estate can only be mortgaged. Whereas, movable property can often be mortgaged or pledged. The pledge can be either movable property or rights. For the pledge of rights, if there is a certificate of right, the certificate shall be delivered to the pledgee, and if there is no certificate of right, the pledge certificate shall be processed.

3. The time point of establishment of rights is different.

In order for a mortgage to be established, there are two modes: registration and establishment when the mortgage contract takes effect. Mortgages on buildings and other land attachments, land contract management rights, and buildings under construction are all established by registration.

For production equipment, raw materials, semi-finished products, ships under construction, aircraft, means of transportation, etc., they can be established when the mortgage contract takes effect.

However, in the case of a mortgage that is created when the mortgage contract is effective, the mortgage cannot be used against a bona fide third party without registration, even though the mortgage has been created.

1. The difference in whether to transfer the possession of the secured property.

A pledge is the transfer of possession of a property by the debtor or a third party to the creditor, and the latter takes possession of the property as security for the former to perform some obligation to pay money or perform the contract.

Mortgage refers to an 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.

2. The difference in the disposal of items.

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.

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.

3. Differences in types.

Mortgages include mortgages on immovable property, such as land, buildings, and other land attachments; Chattel mortgages, property that can be moved and does not affect its use value after moving; Consortium mortgage, a mortgage by the mortgagor with the aggregate of all its movable property, immovable property and rights as the object of the mortgage; A joint mortgage is a mortgage created on several different properties for the purpose of securing the same claim.

There are two types of pledges: movable property pledge and right pledge. A pledge of movable property is a pledge of something that is movable and therefore does not impair its utility; A pledge of rights refers to a pledge with transferable rights as the subject matter. The rights that are pledged are bills of exchange, checks, promissory notes, bonds, etc.

The pledge is the right of the creditor to receive priority in the case of the debtor's or a third party's transfer of the value of the movable property or rights secured by registration in the debtor's non-performance of the due debt or the occurrence of an agreed situation. The mortgage right is the right of the creditor to sell the property of the debtor or a third party without transferring possession and for the performance of the debt to be repaid in priority when the debtor fails to perform the debt or the circumstances agreed by the parties occur. There are the following differences between a mortgage and a pledge:

1.The subject matter of the security is different: (1) The subject matter of the pledge is provided with movable property and rights. (2) The subject matter of mortgage security includes immovable property, usufruct of immovable property and movable property.

2.The requirements for establishment are different: (1) The transfer of possession of the pledge is necessary for the pledge, and the transfer of possession of the pledge is not only the publicity method of the pledge, but also the requirement for its establishment. (2) The establishment of a mortgage is generally established only after registration, and what is not required to be registered is the signing of a mortgage contract, and the transfer and possession of the mortgage is not required.

3.The mechanism of security is different: (1) The pledge, in addition to having the effect of priority repayment, also has the effect of possession and retention of the subject matter or its certificate of rights by the legal person, and the pledgee directly controls the subject matter, thus causing psychological oppression on the pledgor to promote the repayment of the debt as scheduled. This lien does not have the effect of a mortgage.

2) The mortgage is a non-possessory security interest, which plays a security role with priority effect.

First, the subject matter is different. In principle, the subject matter of the mortgage shall be immovable property, but it is not limited to movable property, and the law allows certain movable property such as machinery and means of transportation 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.

Conceptually, you can see the difference between mortgage and pledge in the following points.

First of all, the subject matter of the mortgage is movable property and immovable property, and the subject matter of the pledge is movable property and rights.

Secondly, the collateral is not transferable, possession, and the pledge can be transferred to possession, so whether the possession is transferred or not is the most essential difference between mortgage and pledge.

Fourth, the parties to the mortgage may voluntarily go through the mortgage registration, and the parties to the pledge do not need to go through the pledge registration.

Fifth, a mortgage can be repeatedly created on the basis of not exceeding the value of the collateral, while a pledge is not allowed to be repeatedly pledged on the same pledge by law.

The difference between mortgage guarantee and pledge guarantee is mainly reflected in the following aspects:

First of all, the mortgage guarantee does not transfer the possession of the property, the creditor can still keep and use the collateral, and the debtor is responsible for the loss of the property during the guarantee period, while the pledge guarantee needs to transfer the possession of the property and keep it by the creditor, and the loss of the property during the period is borne by the custodian, that is, the creditor;

Secondly, a mortgage guarantee needs to be registered as a collateral to be effective, while a pledge guarantee only needs to transfer the possession of the property.

In addition, mortgage security and pledge security are also different in the form of encumbered property, the former includes movable and immovable mortgages, while the latter is generally a transfer of movable property or rights.

Mortgage loan refers to a loan issued with the property of the borrower or a third party as collateral in accordance with the prescribed mortgage method.

Pledged loan refers to a loan issued with the movable property or rights of the borrower or a third party as collateral in accordance with the prescribed pledge method.

To put it simply: a mortgage loan is a form of loan that does not transfer the possession of the property provided by the debtor or a third party, and only uses it as collateral; A pledged loan refers to a form of loan in which the debtor or a third party transfers its movable property or certificate of right to the borrowing bank for possession and uses it as a guarantee for the loan.

In addition to immovable property, there are other registered property rights, i.e., "quasi-immovable property", such as vehicles, ships, aircraft, etc. In addition to movable property, there are also valuable evidence such as bonds and bills of lading.

For example, if you have a car and you take out a loan from the bank, 1. register the mortgage at the DMV, and the car is still driven by yourself, which is a mortgage;

2. You hand over the car to the bank for safekeeping, which is a pledge.

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 a mortgage and a pledge is:

1.The 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.The pledgee 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.

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

The differences between staking and staking are as follows:

The meaning is different. 1. A pledge is the debtor's right to transfer possession of a certain property 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 period of debt disturbance or omission of the deposit.

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.