Can land ownership be mortgaged?

Land use rights can be mortgaged.

1) The land use right used for mortgage must be a legal land use right obtained by way of transfer or transfer for compensation, and it is a land use right that has gone through land registration procedures. (2) The creation of the mortgage of the land use right itself does not result in the transfer of the land use right, that is, after the mortgage of the land use right, the land user can continue to occupy and benefit from the land, and only when the debt cannot be performed, the mortgagee can dispose of the land use right in accordance with the legal procedures, and the land use right will be transferred at this time. (3) When the land use right is mortgaged, the above-ground buildings and other attachments shall be mortgaged accordingly.

When the above-ground buildings and other attachments are mortgaged, the land use rights within the scope of their use are also mortgaged, that is, the land use rights and the above-ground buildings and other attachments must be mortgaged at the same time. (4) The mortgage of land use right shall not violate the provisions of the land use right transfer contract. (5) After the land use right holder mortgages the land, it does not lose the right of transfer, but the mortgagee shall be informed when transferring the land use right.

In China, residents should only have the right to use land, and land ownership should be owned by the state.

There is no ownership of land, only the right to use, and the ownership is all by the state.

Legal Analysis: Land ownership cannot be mortgaged. The following properties may 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.

Legal basis: Civil Code of the People's Republic of China

Article 394:Where the debtor or a third party does not transfer possession of the property but mortgages the property to the creditor in order to guarantee the performance of the debt, and the debtor fails to perform the debt when it is due, or the creditor has the right to be repaid in priority in respect of the property in the event that the debtor fails to perform the debt when it is due or the mortgage rights are realized as agreed by the parties. 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; (B) 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 transportation; (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 400 To establish a mortgage right, the parties shall conclude a mortgage contract in written form. The mortgage contract generally includes the following clauses: (1) the type and amount of the secured claim; (2) the time limit for the debtor to perform the debt; (3) The name and quantity of the mortgaged property; (4) Scope of guarantee.

Article 419:The mortgagee shall exercise the mortgage right within the limitation period for the principal creditor's right; and where it is not exercised, the people's courts will not protect it.

Mortgage means that the property owner and the creditor sign an agreement to use the property as security for the bond without transferring the ownership of the property, and if the mortgagor does not repay the debt as agreed, the creditor can auction the property according to the law, and then use the proceeds as repayment. So, can land ownership be mortgaged? What are the characteristics of a mortgage?

Let's take a brief look at it together.

1. Can the first burial of land ownership be mortgaged?

No, according to the provisions of the Property Law, the following properties shall not be mortgaged: 1. Land ownership; 2. Ownership of collective land such as rural homesteads, forest land, and cultivated land; 3. Public institutions for the purpose of public welfare, including educational facilities, medical facilities, etc.; 4. Disputed property; 5. Property that has been sealed or seized by the ** department; 6. Other property that cannot be mortgaged by law.

2. Characteristics of the mortgage.

1. A written contract must be signed.

According to the provisions of the Security Law, the mortgagor and the creditor must sign a written mortgage contract, because the contract has legal benefits, so the content must be detailed, including the personal information of both parties, the mortgaged property, the amount of debt, and the method and time of repayment, etc., so as to avoid disputes in the future.

2. Do not transfer property ownership.

According to the law, the mortgage is to use the property as security, and when the mortgagor fails to perform the debt repayment obligation as agreed, the creditor may, in accordance with the written contract, auction the property in accordance with the law, and then use part of the money obtained to repay the debt. Note that if the property is mortgaged, you need to go to the housing management department to go through the procedures for releasing the mortgage when the payment is paid off.

Summary: Now mortgage is already a more common form of consumption, especially when buying a house, you will apply for a loan from the bank and mortgage the ownership of the house to the bank, during which the ownership of the house is still owned by the owner, but it is not allowed to trade and transfer privately. The above information about whether the owner of the land can be mortgaged and the characteristics of the mortgage are introduced here, I hope it will be helpful to you.

[Legal Analysis].No, the ownership of the land belongs to the state and the collective, so the ownership of the land cannot be mortgaged. According to the relevant laws and regulations, the 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 as security for the creditor's rights.

[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 is fictitious or clannish; (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 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.

The above is only the current information combined with my understanding of the law, please refer to it carefully!

If you still have questions about this issue, it is recommended that you sort out the relevant information and communicate with the professional staff in detail.

Land ownership cannot be mortgaged. The main body of land ownership can only be the state and peasant collectives, and no other organization or individual citizen enjoys land ownership, so no organization or individual citizen may mortgage the local ownership of land.

Legal basis: Article 399 of the Civil Code: 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 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 is not as good as being mortgaged by laws and administrative regulations.

a) land ownership;

Land ownership refers to the right of landowners to occupy, use, benefit and dispose of their land in accordance with the Lao Bu Shu Law. The right of landowners to occupy, use, benefit and dispose of is the legal embodiment of land ownership.

In China, the main body of land ownership can only be the state and peasant collectives, and no other organization or individual citizen enjoys land ownership, which is determined by the socialist public ownership of land in China. The four powers of land ownership are possession, use, income and disposal.

2. Legal provisions related to land ownership

According to the relevant laws and regulations of our country, land ownership cannot be mortgaged.

Article 184:The following property shall not be mortgaged:

1) land ownership;

2) Collectively owned land use rights such as cultivated land, homestead land, self-reserved land, and self-maintained mountains, except where they may be mortgaged by law;

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

4) Unclear ownership or right to use or disputed property;

5) Property that has been sealed, seized, or supervised in accordance with law;

6) Other property that shall not be mortgaged as stipulated by laws and administrative regulations.

Land Administration Act

Article 2 The People's Republic of China implements the socialist public ownership of land, that is, ownership by the whole people and collective ownership by the working masses. Cons.

Ownership by the whole people, i.e. ownership of state-owned land is exercised by *** on behalf of the state. No unit or individual may occupy, buy, sell, or illegally transfer land in any other form. Land use rights may be transferred in accordance with law.

Article 8 The land in urban areas of cities shall be owned by the State.

Land in rural areas and on the outskirts of cities shall be owned by peasant collectives, except as provided by law for the State; Homesteads, self-cultivated land, and self-cultivated mountains belong to peasant collectives.

Land ownership cannot be mortgaged, land ownership belongs to the scope of property prohibited by law from being mortgaged, and property that cannot be mortgaged by law also includes property that has been sealed, seized, or supervised in accordance with the law, and the right to use rural collectively-owned land such as homesteads, self-cultivated mountains, and self-reserved land.

[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-hidden erected 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 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 assets that must not be mortgaged as provided by laws or administrative regulations.

The above is only the current information combined with my understanding of the law to make a judgment, please refer to it carefully!

If you still have questions about this issue, it is recommended that you organize the relevant information and communicate with a professional in detail.

The average house only has the right to use it for 70 years, which means that the use of the house is not unlimited, and buying a house is more like a long-term tenant. But the ownership of land is very long-term and fixed. With land ownership, you can build your own house and use it yourself without having to incur any rental fees.

However, there is also the question of whether the ownership of the land can be mortgaged as part of the immovable property as a roller if there are some situations when the funds are insufficient.

In 1982, the Constitution of the People's Republic of China stipulated that China's land should be publicly owned, that is, it should be owned by the state, owned by the whole people and owned by rural collectives. The owner of the land can use and occupy the land without violating the laws and regulations, and can also benefit from the land. Therefore, generally speaking, land ownership belongs to the scope of property ownership, but land ownership also has its differences from general property ownership.

There are four points:

Specificity of the subject:In general, there is no change in the ownership of the land. That is to say, if you own a piece of land that can be used, occupied, and profited, then the landowner will not transfer or deprive the land use right because of the above-mentioned land use behavior.

So land ownership is specific.

Prohibition of Transactions:There are two types of land ownership in the state, cities and towns are owned by the whole people, and the state owns, that is to say, the use of land is established under the permission of the state, and the state is paid. The other is rural collective land ownership, which is also publicly owned and not privately owned, so trading is prohibited.

Stability of tenure:As mentioned above, there are only two forms of land ownership in the state. It is a very fixed form of tenure and will not change easily. It is a property policy that is closely related to the attributes of the state.

The separability of powerThis shows that land ownership and the exercise of rights are separated, which can effectively curb the various problems of social inequality caused by private land ownership, and also ensure the utilization rate of land and create income.

Therefore, to sum up, referring to some laws such as the Property Law, China's land belongs to the people and the state, and cannot be mortgaged. In addition, it is clearly stipulated in the Guarantee Law that land ownership shall not be mortgaged. As a national field, land plays a very significant role in politics and economy, and in China, a country that practices socialism with Chinese characteristics, it is inseparable from the construction of land to adhere to the Marxist trend of thought and seek common development of a moderately prosperous society.

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