If the property is damaged and there is no compensation, how can the security interest be realized?

There are many contents of security interests, and only mortgage rights are available here, hoping to help.

The purpose of the mortgage is to ensure that the creditor's claim is safely realized. The loss of the collateral will inevitably have a risk impact on the creditor and endanger the normal realization of its rights, so when the collateral is lost, the law should make corresponding provisions with a view to providing legal relief to the mortgagee.

1. Subrogation of the right to claim insurance money.

For the subrogation of insurance money, the "compensation" stipulated in Article 58 of the Guarantee Law of the People's Republic of China should also include the insurance money. For those who obtain compensation benefits from the mortgagor due to the loss of the mortgage, China's civil law recognizes the subrogation in rem of the mortgage, and the mortgagee naturally obtains the statutory mortgage right in the right to claim subrogation in rem when the mortgage is created. Under this legal mortgage, the mortgagee asserts rights against the debtor in the event of non-performance of its obligations, thereby receiving priority in repayment.

Of course, China's law stipulates that insurance money is within the scope of the mortgage and is designed to protect the interests of the mortgagee, especially to effectively safeguard the interests of banks and other financial institutions and prevent financial risks. Because the insurance money is not the subrogation of the collateral, the insurance money is the due interest of the insured (beneficiary) arising from the insurance contract, not the benefit arising from the loss of the collateral.

The mortgage right is a security interest, and when the mortgage is infringed and the mortgage is lost, the mortgagee may exercise the right to claim compensation for the infringement, regardless of whether the infringer is the owner of the mortgage or a third party. The general elements for the establishment of a tort are: first, the fault of the perpetrator; second, there is the occurrence of the fact of damage; Third, there is a causal relationship between the act and the result of the damage.

For example, Li applied for an automobile consumer loan at a branch of the Agricultural Bank of China, and used his "Santana" car as collateral to a certain branch. Later, Li drove out and was rear-ended by a truck, resulting in the destruction of the car and the death, at this time Li still owed the bank 50,000 yuan. According to paragraph 1 of Article 80 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the Security Law of the People's Republic of China (hereinafter referred to as the "Interpretation"), in the event of the loss, damage or expropriation of the collateral, a sub-branch shall be compensated in priority for the insurance, compensation or compensation of the collateral.

If the creditor's right has not yet reached the repayment period, the people's court may be requested to take preservation measures against the insurance money, compensation or compensation.

Resources.

Additional guarantees are required.

Zou borrowed 600,000 yuan from Wu and agreed to repay it after one year, and Zou used a house worth 800,000 yuan as a guarantee. Later, the house was burned down due to a fire, and Zou received an insurance payment of 1 million yuan. When it came time to repay the debt, Zou did not have to repay Wu's arrears.

At this time, Wu knew that the house that was originally used as a guarantee had been burned down. So, can Wu ask for priority compensation for the insurance money of 1 million yuan?

Wu may request priority for reimbursement of insurance money. This case involves legal knowledge related to the subrogation in rem of security interests. The so-called subrogation in rem of a security interest means that when the security property is lost due to damage, loss or expropriation in accordance with the law, the security right holder may exercise the priority right of delay in payment of the insurance money, compensation or compensation.

In this regard, the Property Law has clear provisions. In this case, the house used as collateral was burned and demolished, and the mortgagee, Mr. Wu, could be compensated for the insurance money in priority.

Article 174 of the Property Law During the guarantee period, if the secured property is damaged, lost or expropriated, the holder of the security interest may be compensated in priority for the insurance money, compensation or compensation obtained. If the performance period of the secured creditor's right has not expired, the insurance money, compensation or compensation may also be deposited.

1. Infringement.

2. The perpetrator is subjectively at fault. Fault includes negligence and negligence. Intentionality is the ability to foresee, still hope, or allow the outcome to occur. Negligence refers to negligence, negligence that is greater than self-confidence.

3. Damage results. It refers to the state of disadvantage caused by the perpetrator's conduct to the victim.

4. Causality. There is a causal link between the tortfeasor's tortious act and the victim's damage.

1. What is the scope of compensation for infringement of property rights?

1. The liability for damages shall be borne on the premise of causing property or personal injury to others. In various forms of liability, the assumption of the responsibilities of stopping the infringement, removing the obstruction, and eliminating the impact cannot be premised on the actual damage caused to the property or personal injury of others, and the perpetrator may be required to bear these responsibilities as long as the victim's property, personal or other rights are infringed, in danger or hindered; The liability for restitution of property, restitution, repair, rework, and replacement is only premised on the infringement of property; The assumption of liability for the elimination of impact, the restoration of reputation and the formal apology is usually premised solely on the infringement of personal rights or intellectual property rights. The assumption of liability for damages can be premised on the damage to the property of others and the personal damage to others.

2. Compensation for damages shall be in the form of payment of money or property in kind. In other forms of liability, there is no question of the tortfeasor paying money to the victim; Even if compensation is made in kind, the property should belong to the tortfeasor.

3. The liability for damages is subject to various factors. Other forms of liability are simpler and easier to operate when actually assumed. However, the actual liability for damages is more complex and is usually affected by various factors.

For example, the scope of compensation, the calculation of the amount of compensation, the economic situation of the infringer and the victim should be taken into account, and in the case of intentional infringement, punitive damages should also be taken into account.

2. What is the right to claim compensation for property damages?

The right to claim damages refers to the right to require the wrongdoer to bear the liability for damages due to the infringement of the right holder. If the infringement causes damage to others, the victim has the right to claim damages. It is a kind of creditor's right to claim based on the debt of infringement, and the content of the claim is to pay a certain amount of money to provide relief to the right holder.

Article 238 of the Civil Code of the People's Republic of China stipulates that if a property right is infringed and the right holder is damaged, the right holder may claim compensation for damages in accordance with the law, and may also request to bear other civil liabilities in accordance with the law.