What properties can be used as collateral? What properties are not allowed to be mortgaged?

0 2 0 2 0 2 0 2 0 2 0 2 0 2 0 2 0 2 In accordance with the provisions of the Guarantee Law, the property that can be mortgaged is:

0 2 0 2 0 2 0 2 0 2 0 2 0 2 0 2 0 21 Houses and other fixtures on the ground in which the mortgagor has ownership;

0 2 0 2 0 2 0 2 0 2 0 2 0 2 0 2 0 22 Machinery, means of transport and other movable property in which the mortgagor has ownership;

0 2 0 2 0 2 0 2 0 2 0 2 0 2 0 2 0 23 The mortgagor has the right to dispose of state-owned land, houses and other fixtures on the ground in accordance with law;

0 2 0 2 0 2 0 2 0 2 0 2 0 2 0 2 0 24 State-owned machinery, means of transport and other movable property that the mortgagor has the right to dispose of in accordance with law;

0 2 0 2 0 2 0 2 0 2 0 2 0 2 0 2 0 25 The land use rights of barren mountains, barren ditches, barren hills, barren beaches and other wastelands contracted by the mortgagor in accordance with law and mortgaged with the consent of the contract issuing party;

0 2 0 2 0 2 0 2 0 2 0 2 0 2 0 2 0 26 When the factory buildings and other buildings of township or village enterprises are mortgaged, the use rights of collectively owned land within the scope of their occupation;

0 2 0 2 0 2 0 2 0 2 0 2 0 2 0 2 0 27 Other property that may be mortgaged in accordance with the law.

0 2 0 2 0 2 0 2 0 2 0 2 0 2 0 2 2 The property that cannot be mortgaged is:

0 2 0 2 0 2 0 2 0 2 0 2 0 2 0 2 0 21 Land ownership;

0 2 0 2 0 2 0 2 0 2 0 2 0 2 0 2 0 22 Collectively owned land use rights such as cultivated land, homesteads, self-reserved land, and self-maintained mountains, except for the above items;

0 2 0 2 0 2 0 2 0 2 0 2 0 2 0 2 0 23 Educational facilities, medical and health facilities and other social welfare facilities of public welfare institutions and social organizations such as schools, kindergartens, hospitals, etc.;

0 2 0 2 0 2 0 2 0 2 0 2 0 2 0 2 0 24 Property whose ownership or right to use is unclear or disputed;

0 2 0 2 0 2 0 2 0 2 0 2 0 2 0 2 0 25 Property that has been sealed, seized, or supervised in accordance with law;

0 2 0 2 0 2 0 2 0 2 0 2 0 2 0 2 0 26 Other property that may not be mortgaged in accordance with the law.

Property that cannot be mortgaged: land ownership; property whose ownership or right to use is unclear or disputed; property that has been sealed, seized, or supervised in accordance with law; Buildings that are confirmed to be illegal or illegal through legal procedures.

Analysis of the law of legal distress: the property that cannot be mortgaged has land ownership; the right to use collectively owned land such as homesteads, self-reserved land, and self-reserved mountains; Educational facilities, medical and health facilities, and other public welfare facilities established by non-profit legal persons established by the Bi clan for public welfare purposes, such as schools, kindergartens, medical institutions, etc.; property whose ownership or right to use is unclear or disputed; property that has been sealed, seized, or supervised in accordance with law; Other property that laws and administrative regulations provide must not be mortgaged.

Legal basis: Article 399 of the Civil Code of the People's Republic of China The following property shall not be mortgaged: (1) land ownership; (2) The right to use collectively owned land such as homesteads, self-reserved land, and self-maintained mountains, except where the law may be mortgaged; (3) Educational facilities, medical and health facilities, and other public interest facilities established by non-profit legal persons for public interest purposes, such as schools, kindergartens, and medical establishments; (4) Property whose ownership or right to use is unclear or disputed; (5) Assets that have been sealed, seized, or supervised in accordance with law; (6) Other property that laws and administrative regulations provide must not be mortgaged.

1. Property that can be mortgaged.

Property Law of the People's Republic of China

Article 180: Scope of mortgaged property.

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) Wasteland and other land contracting and management rights obtained by means of bidding, auction, public consultation, etc.;

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.

Article 181:Upon written agreement of the parties, enterprises, individually-owned businesses, and agricultural producers and operators may mortgage existing or future production equipment, raw materials, semi-finished products, and products, and if the debtor fails to perform its debts due or the parties agree to realize the mortgage rights, the creditors have the right to receive priority in repayment of the movable property at the time of realizing the mortgage rights.

2. Property that shall not be used as collateral.

Property Law of the People's Republic of China

Article 184:The following property shall not be mortgaged:

a) land ownership;

2) The right to use collectively owned land such as cultivated land, homestead land, self-reserved land, and self-maintained mountains, except where the law may be mortgaged;

3) Educational facilities, medical and health facilities, and other public welfare facilities of public institutions, social organizations, such as schools, kindergartens, hospitals, and other public welfare organizations;

(4) Property whose ownership or right to use is unclear or disputed;

(5) Assets that have been sealed, seized, or supervised in accordance with law;

(6) Other property that laws and administrative regulations provide must not be mortgaged.

land ownership; The right to use collectively owned land such as homesteads, self-reserved land, and self-reserved mountains, except where the law may be mortgaged; Educational facilities, medical and health facilities and other public welfare facilities established by non-profit legal persons for public welfare purposes, such as schools, bright skin kindergartens, medical institutions, etc.; Property whose ownership or right to use is unclear or disputed; property that has been sealed, seized, or supervised in accordance with law; Other property that laws and administrative regulations provide must not be mortgaged.

Civil Code of the People's Republic of China

Article 399.

The following properties may not be mortgaged:

a) land ownership; Hold the waiter.

(2) The right to use collectively owned land such as homesteads, self-reserved land, and self-maintained mountains, except where the law may be mortgaged;

3) Educational facilities, medical and health facilities, and other public interest facilities of non-profit legal persons established for public welfare purposes, such as schools, kindergartens, and medical institutions;

(4) Property whose ownership or right to use is unclear or disputed;

(5) Assets that have been sealed, seized, or supervised in accordance with law;

(6) Other property that laws and administrative regulations provide must not be mortgaged.

Legal Analysis: The following properties may not be mortgaged: land ownership; Collectively owned land use rights such as cultivated land, homestead land, self-reserved land, and self-reserved mountains, except where they may be mortgaged by law; Educational facilities, medical and health facilities and other social welfare facilities of schools, kindergartens, hospitals and other public welfare institutions and social organizations for the purpose of public welfare; Property whose ownership is unknown, whose right to use is unclear or disputed; property that has been sealed, seized, or supervised in accordance with law; Other property that laws and administrative regulations provide must not be mortgaged.

Catch up. Legal basis: Article 399 of the Civil Code of the People's Republic of China The following property shall not be mortgaged:

a) land ownership;

(2) The right to use collectively owned land such as homesteads, self-reserved land, and self-maintained mountains, except where the law may be mortgaged;

3) Educational facilities, medical and health facilities, and other facilities for the benefit of non-profit legal persons established for public interest purposes, such as schools, kindergartens, and medical establishments;

(4) Property whose ownership or right to use is unclear or disputed;

(5) Assets that have been sealed, seized, or supervised in accordance with law;

(6) Other property that laws and administrative regulations provide must not be mortgaged.

Article 399 of the Civil Code of the People's Republic of China (effective as of January 1, 2021) [Scope of property prohibited from mortgage] The following property shall not be mortgaged:

a) land ownership;

(2) The right to use collectively owned land such as homesteads, self-reserved land, and self-maintained mountains, except where the law may be mortgaged;

3) Educational facilities, medical and health facilities, and other public interest facilities of non-profit legal persons established for public welfare purposes, such as schools, kindergartens, and medical institutions;

(4) Property whose ownership or right to use is unclear or disputed;

(5) Assets that have been sealed, seized, or supervised in accordance with law;

(6) Other property that laws and administrative regulations provide must not be mortgaged.

1. Can the names of two people on the private loan real estate certificate be mortgaged?

Private loans, real estate certificates, two people's names can be mortgaged. The real estate deed, the names of the two people, indicate that the property is a public property owned by two people. The public owner of the property must agree to the mortgage at the same time and sign the mortgage contract together.

There is no restriction on the borrower, it can be one person, two people, and the mortgagor is the owner of all the side books of the property. The procedures are no different from the general loan, or the identity certificate of the borrower and the mortgagor (ID card, household registration book, marriage certificate), the borrower's income certificate, a copy of the business license and the corresponding salary income, the mortgaged house capital, and the purpose of the loan. Go to the bank or intermediary to sign the loan contract and information.

Article 395 of the Civil Code of the People's Republic of China provides that 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.

2. Whether the right to contract and operate land can be mortgaged.

The right to contract and operate land may be mortgaged. Article 34 of the Administrative Measures for the Circulation of Rural Land Contracting and Management Rights stipulates that if rural land such as barren mountains, barren ditches, barren hills, and barren beaches are contracted through bidding, auction and public consultation, and the rural land contracting and management right certificate is obtained through registration in accordance with the law, it may be transferred, leased, shared, mortgaged or otherwise transferred, and the circulation management shall be implemented with reference to these Measures.

The following properties may not be used as a mortgage: ownership of land; The law prohibits the use rights of collectively owned land such as homesteads, self-reserved land, and self-maintained mountains, which are prohibited by law; and educational facilities, medical and health facilities, and other public welfare facilities established by non-profit corporations for public welfare purposes.

[Legal basis].Article 395 of the Civil Code.

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;

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

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

Article 399.

The following properties may not be mortgaged:

a) land ownership;

(2) The right to use collectively owned land such as homesteads, self-reserved land, and self-maintained mountains, except where the law may be mortgaged;

3) Leakage of educational facilities, medical and health facilities, and other public interest facilities of non-profit legal persons established for public welfare purposes such as schools, kindergartens, and medical institutions;

(4) Property whose ownership or right to use is unclear or disputed;

(5) Assets that have been sealed, seized, or supervised in accordance with law;

(6) Other property that laws and administrative regulations provide must not be mortgaged.

Property that cannot be mortgaged includes:

1. Land ownership;

2. The right to use collectively owned land such as homesteads, self-reserved land, and self-maintained mountains, except where mortgages may be provided for by law;

3. Educational facilities, medical and health facilities and other public welfare facilities established by non-profit legal persons for public welfare purposes such as schools, kindergartens, medical institutions, etc.;

4. Unclear ownership or disputed property.

[Legal basis].

Article 399 of the Civil Code.

The following properties may not be mortgaged:

a) land ownership;

(2) The right to use collectively owned land such as homesteads, self-reserved land, and self-maintained mountains, except where the law may be mortgaged; Changma.

3) Educational facilities, medical and health facilities, and other public interest facilities established by schools, kindergartens, medical institutions, and other non-profit organizations for public interest purposes;

4) Ominous or disputed property with unclear ownership or right to use;

(5) Assets that have been sealed, seized, or supervised in accordance with law;

(6) Other property that laws and administrative regulations provide must not be mortgaged.

Article 399 of the Civil Code of the People's Republic of China (effective as of January 1, 2021) [Scope of property prohibited from mortgage] The following property shall not be mortgaged:

a) land ownership;

(2) The right to use collectively owned land such as homesteads, self-reserved land, and self-maintained mountains, except where the law may be mortgaged;

3) Educational facilities, medical and health facilities, and other public interest facilities of non-profit legal persons established for public welfare purposes, such as schools, kindergartens, and medical institutions;

(4) Property whose ownership or right to use is unclear or disputed;

(5) Assets that have been sealed, seized, or supervised in accordance with law;

(6) Other property that laws and administrative regulations provide must not be mortgaged.

1. What properties can be mortgaged.

A legal act in which the debtor or a third party uses a certain property as security for the repayment of debts against the creditor. 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.

After the mortgage is created, when the debtor fails to perform its obligations when due, the mortgagee has the right to be repaid in preference to other creditors at a discount of the collateral or the sale price of the collateral in accordance with the provisions of the law. The collateral may be movable or immovable, but property that is prohibited by law from circulation or enforcement may not be used as collateral.

Whether the mortgage is transferred to possession varies from civil law to country, and in China, mortgage is generally not transferred to possession. A security created in respect of movable property or transfer of possession is called a pledge. Once the mortgage is established and takes effect, rights and obligations arise between the mortgagee and the mortgagor

In addition to enjoying the priority of repayment, the mortgagee has the right to take possession of or supervise the mortgage, has the right to request the mortgagor to repay the expenses incurred by itself in keeping the mortgage, and has the right to restrict the mortgagor's disposal of the mortgage, but the mortgagee does not obtain the right to use the mortgage.

The mortgagor has the right to dispose of the mortgage, subject to the prior consent of the mortgagee and the obligation to properly keep the mortgage in its possession. The mortgagor has the right to re-encumber the remaining security value of the same collateral. The mortgage is extinguished due to the performance of the main debt, the loss of the collateral and the realization of the mortgage.

The following properties can be mortgaged:

1. The mortgagor has the right to dispose of state-owned land use rights, houses and other fixtures on the ground in accordance with the law.

2. The mortgagor shall have the right to dispose of the state-owned machinery, means of transportation and other property in accordance with the law.

3. Houses and other fixtures on the ground owned by the mortgagor.

4. Mortgage all the machinery, transportation and other property owned by the people of the Slippery Book.

5. Houses or other buildings that have not yet been built or are under construction that have been approved in accordance with the law may be mortgaged after the parties have completed the registration of the mortgage.

6. If the borrower uses the purchased house for self-use as collateral for the loan, the full value of the house must be used as collateral for the loan.