What is the difference between a secured claim and a security interest?

1) The guarantor guarantees to the creditor that the debtor will perform the debt, and if the debtor fails to perform the debt, the guarantor shall perform or bear joint and several liability in accordance with the agreement; The guarantor has the right to recover from the debtor after performing the debt. (2) The debtor or a third party may provide certain property as collateral. If the debtor fails to perform its obligations, the creditor shall have the right to be repaid in priority at the discount of the collateral or the price of the sale of the collateral in accordance with the provisions of the law.

3) One of the parties may pay a deposit to the other party within the scope prescribed by law. After the debtor performs the debt, the deposit shall be offset against the price or recovered. If the party who paid the deposit fails to perform its obligations, it has no right to demand the return of the deposit; If the party receiving the deposit fails to perform the debt, it shall be refunded twice.

4) In accordance with the provisions of the contract, if one party occupies the property of the other party, and the other party does not pay the payment due in accordance with the contract, and exceeds the agreed period, the person in possession has the right to retain the property, and in accordance with the provisions of the law, the property is discounted or the price of the property is sold.

Security interest: refers to the property owned by the debtor or a third party as security for the performance of debts in civil activities such as lending and trading. When the debtor fails to perform its obligations, the creditor has the right to receive priority in respect of the property in accordance with the procedures prescribed by law.

Security interests include mortgages, pledges, and liens.

A mortgage is a security interest in which the debtor or a third party provides immovable property to the creditor as security for the satisfaction of the debt without transferring possession. When the debtor fails to perform its obligations when due, the mortgagee has the right to be repaid in priority for the price of the mortgaged property. He may apply to the court to sell the mortgaged property to satisfy his claims; If there is any surplus, it should be returned to the mortgagor, and if there is any shortfall, it can still continue to seek recourse from the debtor.

However, there is no mortgage on property that cannot be enforced. The pledge is the right of the creditor to take possession of the property handed over by the debtor or a third party because of the secured claim, and to receive preferential repayment for the sale price. A lien is the right of a creditor to retain the debtor's movable property in possession as security until it is discharged.

In addition to having all the legal characteristics of a property right, a security interest is mainly as follows: The purpose of creating a security interest is to secure the performance of the debt, and it is subordinate to the creditor's right, so it is a subordinate right. It exists with the existence of the claim, transfers with the transfer of the claim, and extinguishes with the extinction of the claim.

A security interest is created in the property of another person, that is, the owner of the security is the debtor or other third party, and for the creditor it is the property of another person, so it is another property right. In order to ensure the realization of the creditor's rights, it is also necessary to protect the creditor's certain property rights to the collateral, so as to have the effect of real rights. The creditor has the right to exclude the interference of others (including the owner) and has the right of recourse, and the collateral falls into the hands of others, and the creditor can follow to assert its rights.

At the same time, when the debtor fails to perform its obligations, it can exercise the right to dispose of the collateral and obtain the right of priority to be repaid, so as to protect the legitimate interests of the creditor.

Security interests include mortgages, pledges and liens.

Legal analysis: The difference between a security interest and a secured claim is to see whether the subject is a thing or a debt, if the subject is a thing, it is a guarantee and a real right, and if it is a debt, it is a secured claim.

Legal basis: Article 392 of the Civil Law of the People's Republic of China Article 392 Where the secured creditor's right is secured by both a real and a personal security, and the debtor fails to perform the due debt or the parties agree to realize the security interest, the creditor shall realize the creditor's right 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 rem, the creditor may realize the creditor's right 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.

Secured creditor's rights: The easiest way to answer the liquid model of rights and obligations arising from the guarantee trouble, you have to solve the problem according to your own ways and methods, and give reasonable answers, and you have clear questions to ask the relevant content is not in a reasonable way to ask you to answer.

Legal analysis: The difference between a security interest and a secured claim is to see whether the subject is a thing or a debt, if the subject is a thing, it is a security interest, and if it is a debt, it is a secured claim.

Legal basis: Civil Code of the People's Republic of China Article 392 Where the secured creditor's rights are secured by both physical 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 owner of the right in the debt may realize the creditor's right in respect of the security in rem, or may 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.

The difference between a security interest and a secured claim is whether the subject is a thing or a debt, if the subject is a thing, it is a security interest, and if it is a debt, it is a secured claim.

1. What is the meaning of unsecured claims?

According to China's legislation, not all claims incurred against bankrupt persons are bankruptcy claims. There are two types of claims: secured claims and unsecured claims. According to the different forms of security, secured claims are divided into claims secured by things (or property) and claims secured by guarantors.

Unsecured claims and guarantor-secured claims are collectively referred to as unsecured claims. This kind of creditor's right is created against the debtor, that is, all the non-specific property owned by the debtor is used as the repayment guarantee, and the repayment of the debtor's affairs must be performed by the debtor. Because it is a right created on the debtor's non-specific property, and there is no priority right to repayment arising from the security of the property right, it is a bankruptcy claim after the bankruptcy declaration and must be repaid in accordance with the bankruptcy procedure.

2. Do large loan contracts require collateral?

Mortgage means that the mortgagor and the creditor enter into an agreement in writing to conclude a contract, not to transfer the possession of the mortgaged property, and to use the property as security for the creditor's rights. The mortgage right is a kind of security interest, and the mortgage right is a right of the creditor to secure the realization of the debt. The creditor of any loan contract may or may not require the debtor to provide a mortgage.

To sum up, in the case of a large loan contract, the collateral is not necessary, but the creditor decides whether the debtor wants to provide collateral. That is to say, the parties can agree that the parties are one party, the two parties can agree, they can negotiate, and whether the collateral is needed is the creditor's own decision.

Article 392 of the Civil Code of the People's Republic of China Where the secured creditor's rights are secured by both real and personal security, and the debtor fails to perform the due debts 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 right in respect of the security in kind, or may reply to Lu Hao to 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.