How to fill in the type of secured principal claim?

Guarantee Law of the People's Republic of China.

Article 2 Where a creditor needs to guarantee the realization of its creditor's rights in the form of a guarantee in economic activities such as lending, trading, transportation of goods, and processing contracting, it may create a guarantee in accordance with the provisions of this Law.

The forms of security provided for in this Law are guarantees, mortgages, pledges, liens and deposits.

1) the type and amount of the secured principal creditor's right;

2) the time limit for the debtor to perform the debt;

3) The name, quantity, quality, condition, location, ownership or right of use of the collateral;

4) the scope of the mortgage guarantee;

5) Other matters that the parties deem necessary to be agreed upon.

Where the mortgage contract does not fully meet the content provided for in the preceding paragraph, it may be supplemented and corrected.

Article 59 The term "maximum mortgage" as used in this Law refers to an 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.

The type of secured principal claim in Chinese law refers to the type of claim arising from the main contract guaranteed by the government. The parties cannot create a mortgage on the creditor's rights arising from unjustified management, unjust enrichment, or tort. In our country, the famous contracts mainly include:

sales contracts, electricity supply, water, gas and heat contracts; Gift contracts, loan contracts, lease contracts, financial lease contracts, contract contracts, construction contracts, transportation contracts, technical contracts, custody contracts, warehousing contracts, entrustment contracts, discipline contracts, and intermediary contracts. In addition to the principal claims secured by these named contracts as secured by the law, other legally valid nameless contracts can also be used as the principal claims secured by the mortgage.

Legal basis

Article 387 of the Civil Code provides that if a creditor needs security in order to ensure the realization of its creditor's rights in civil activities such as lending and trading, it may create a security interest in accordance with the provisions of this Law and other laws.

The types of secured principal claims include loan contracts, lease contracts, financial lease contracts, contract contracts, construction contracts, transportation contracts, etc., and mainly refer to the types of claims arising from the main contract secured by collateral.

Legal basis] Article 684 of the Civil Code.

The content of the guarantee contract generally includes the type and amount of the principal claim to be guaranteed, the time limit for the debtor to perform the debt, and the manner, scope and duration of the guarantee.

Article 681.

A guarantee contract is a contract in which the guarantor and the creditor agree that the guarantor will perform the debt or assume the responsibility when the debtor fails to perform the due debt or the situation agreed by the parties occurs.

Article 682.

The guarantee contract is a subordinate contract of the main creditor's rights and debts. Where the principal creditor's rights and debts contract is invalid, the guarantee contract is invalid, except as otherwise provided by law.

After the guarantee contract is confirmed to be invalid, if the debtor, guarantor, or creditor is at fault, they shall each bear corresponding civil liability according to their fault.

The types of principal claims include monetary claims, claims for payment of specific goods, claims for payment of goods in kind, and claims for acts or omissions as the subject matter, excluding debts for management without cause, unjust enrichment, and damages. In a guarantee contract, the parties should specify the type and amount of the principal claim.

Article 686 of the Civil Code of the People's Republic of China.

The forms of guarantee include general warranty and joint and several liability guarantee.

If the parties do not agree on the form of guarantee in the guarantee contract or the agreement is not clear, they shall bear the guarantee liability in accordance with the general guarantee.

Article 684.

The transfer of the guarantee contract generally includes the type and amount of the principal claim guaranteed by the Zen Bureau, the time limit for the debtor to perform the debt, the manner, scope and period of the guarantee.

The types of secured principal claims include: monetary claims, claims for payment of specific things, claims for payment of kinds of goods, etc., and security interests refer to the priority rights enjoyed by the security interest holder to be repaid to the secured property when the debtor fails to perform its due obligations.

1. Does the first sealant have the priority right to be compensated?

First of all, whether the seizure party enjoys priority in repayment of claims depends on the actual situation. If the person subject to enforcement is a citizen, and the person subject to seizure belongs to the mortgagee, it shall be compensated in priority. Where a creditor has priority or a security interest in the property sealed, seized or frozen by the people's court, it may directly apply to participate in the distribution and request priority for repayment.

Therefore, in the case of the coexistence of multiple monetary claims, the order of repayment of each creditor depends on the order of the enforcement measures taken by the enforcing court. The creditor who first seized the debtor's property may be repaid in priority, and the subsequent creditor can only receive compensation for the remaining part of the property. Article 88 of the Provisions of the Supreme People's Court on Several Issues Concerning the Enforcement Work of the People's Courts stipulates that if multiple creditors who have determined the balance of money payment within the scope of multiple effective legal documents apply for enforcement against the same person subject to enforcement, and each creditor has no security interest in the subject matter of enforcement, they shall be compensated in the order in which the enforcement court takes enforcement measures.

2. Which takes precedence, salary or mortgage?

Mortgage priority. The mortgage right is a property right, and the property right is superior to the creditor's right. The mortgage right is the right of the creditor to take the secured property of the debtor or a third party without transferring possession of the property, and to use the property as security for the creditor's rights, and when the debtor fails to perform the debt, the creditor has the right to receive priority repayment for the property in accordance with the procedures prescribed by law.

A mortgage is a security interest, which is a kind of property right created for the exchange value of the property, which is essentially a value right, and its purpose is to ensure that the claim can be paid off with the exchange value of the secured property.

3. Can I sue first and receive priority in compensation?

It depends. Where multiple creditors who have determined the content of monetary payment in multiple effective legal documents separately apply for enforcement against the same person subject to enforcement, and each creditor has no security interest in the subject matter of enforcement, they shall be compensated in accordance with the order in which the enforcement court takes enforcement measures. Where multiple creditors have different types of claims, claims based on ownership and security interests have priority over monetary claims.

Article 118 of the Civil Code.

Civil entities enjoy creditor's rights in accordance with law.

Article 207.

Article 208.

The establishment, alteration, transfer and extinction of real estate rights shall be registered in accordance with the provisions of law. The establishment and transfer of movable property rights shall be delivered in accordance with the provisions of law.