Is it possible to sign multiple maximum mortgage contracts separately for multiple mortgages?

1. The bank and A can add security by signing the Mortgage Contract, or sign a supplementary agreement, but the three parties need to sign and agree. If it is a mortgage on immovable property, it needs to be registered, otherwise it cannot be used against a third party.

2. If the issuance time is within the period of the "Maximum Mortgage Contract", there is no need to sign a separate "Mortgage Contract" or supplementary agreement.

3. The subsequent signing of the "Mortgage Contract" is not invalid, but should be determined according to the value of the mortgaged property, if it is higher than 12 million, the other 2 million mortgage is valid. Otherwise, it can only be guaranteed in the part above 10 million.

The enterprise borrowed 10 million from the bank. 3 properties under the name of the enterprise are used as collateral, and the appraised value is 5 million, 3 million, and 2 million respectively. It stands to reason that the bank should sign a loan contract (main contract) and a maximum mortgage contract with the enterprise, and fill in the list of the three collaterals together in the maximum mortgage contract.

But now the bank has signed three maximum mortgage contracts with the enterprise, and the maximum mortgage amount is 10 million, but the mortgage list is filled in separately. For example: Contract No. 111, the maximum amount is 10 million, and the collateral property 1 is worth 5 million.

Contract No. 222 has a maximum amount of 10 million, and the collateral property 2 is worth 3 million. Contract No. 333, up to 10 million, collateral property 3 worth 2 million. Is the nature or legal effect of signing three contracts the same as signing one contract, and does it need to be changed to one contract?

Legal analysis: The maximum mortgage refers to the agreement between the mortgagor and the mortgagee to use the collateral as security for the continuous occurrence of the creditor's rights within a certain period of time within the maximum limit of creditor's rights. The maximum mortgage contract is the contract signed by the fictitious rollover song due to the maximum mortgage.

Legal basis: Article 420 of the Civil Code of the People's Republic of China Where the debtor or a third party provides security property for the creditor's rights that will continue to occur within a certain period of time 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 mortgagee has the right to be repaid in priority for the secured property within the maximum amount of the creditor's rights. Claims that already exist before the establishment of the reserve or maximum mortgage may be transferred to the scope of the claims secured by the maximum mortgage with the consent of the parties.

Legal analysis: The so-called maximum mortgage refers to the agreement between the mortgagor and the mortgagee to use the collateral as security for the continuous occurrence of the creditor's rights within a certain period of time within the maximum limit of creditor's rights. The mortgagor and the debtor of the maximum mortgage may not be the same person.

Legal basis: Article 420 of the Civil Code of the People's Republic of China If, in order to guarantee the performance of a debt, the debtor or a third party provides security property for the right to continuously repay debts that will occur within a certain period of time, and the debtor fails to perform the due debts or the parties agree to realize the mortgage right, the mortgagee has the right to be repaid in priority for the secured property within the maximum amount of the creditor's right.

Claims that already exist before the establishment of the maximum mortgage may be transferred to the scope of claims secured by the maximum mortgage with the consent of the parties.

A master contract can be signed with two maximum mortgage contracts. Article 59 of the Civil Code clearly stipulates that the maximum mortgage refers to the agreement between the mortgagor and the mortgagee to use the collateral as security for the claims that occur continuously within a certain period of time within the limit of the maximum amount of claims. Article 60 of the Act stipulates that a loan contract may be accompanied by a maximum mortgage contract.

Article 203 of the Civil Code, which came into effect in 2007, stipulates that if the debtor or a third party provides security property for the performance of a debt that will occur continuously within a certain period of time, and the debtor fails to perform the due debt or the mortgage rights are realized as agreed by the parties, the mortgagee has the right to be repaid in priority for the secured property within the maximum amount of the creditor's rights. Article 92 of the Legislation Law stipulates that if a special provision is inconsistent with a general provision, the special provision shall apply; Where the new provisions are inconsistent with the old provisions, the new provisions shall apply. At the same time, Article 178 of the Civil Code stipulates that if the provisions of the Civil Code are inconsistent with the provisions of this Law, this Law shall apply.

Can an employment contract be signed for several months?

The term of the employment contract is not stipulated by law, and the employee can negotiate with the employer. The employer and the employee may agree that the term of the employment contract shall be one year. However, when the third labor contract is signed, the employee has the right to request the employer to sign an indefinite labor contract with the employer in accordance with the provisions of the Labor Contract Law.

According to Article 12 of the Labor Contract Law of the People's Republic of China, labor contracts are divided into fixed-term labor contracts, indefinite-term labor contracts and labor contracts with a term of completion of certain work tasks.

The maximum mortgage is determined.

To determine the maximum mortgage, Wang Zhengzheng must meet two conditions:

First, the amount of the creditor's right secured by the mortgage has been determined;

Second, the creditor's right has reached the performance period. Therefore, in addition to stipulating the final accounting period, the parties should also stipulate the time limit for the performance of the debt. However, in the case of the maximum amount of collateral, the determination of the amount of the claim is the main issue.

Article 423 of the Civil Code In any of the following circumstances, the mortgagee's creditor's rights shall be determined:

1) The expiration of the agreed period for determining the right to close the debt;

2) Where there is no agreement on the period for determining the creditor's rights or the agreement is not clear, the mortgagee or mortgagor requests the determination of the creditor's rights after two years from the date of the establishment of the maximum mortgage;

3) the new claim is unlikely to occur;

4) The mortgagee knows or should know that the mortgaged property has been sealed or seized;

5) The debtor or mortgagor is declared bankrupt or dissolved;

6) Other circumstances provided for by law to determine creditor's rights.

Legal basis. Article 59 of the Civil Code The maximum mortgage refers to the agreement between the mortgagor and the mortgagee to use the collateral as security for the creditor's rights that occur continuously within a certain period of time within the limit of the maximum amount of creditor's rights.