5 sample contracts for private mortgaged vehicles

Legal Analysis: Personal Vehicle Mortgage Contract: Personal Information of the Mortgagor, Personal Information of the Mortgagor, Mortgage Agreement, Signatures of Both Parties, Date.

Legal basis: Civil Code of the People's Republic of China Article 394 In order to guarantee the performance of the debt, if the debtor or the third party does not transfer the possession of the property and mortgages the property to the creditor, the debtor fails to perform the debt when it is due, or the creditor has the right to be repaid in priority for the property if 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.

Legal Analysis: Personal Vehicle Mortgage Contract: Personal Information of the Mortgagor, Personal Information of the Mortgagor, Mortgage Agreement, Signatures of Both Parties, Date.

Legal basis: Article 394 of the Civil Code of the People's Republic of China Where the debtor or a third party does not transfer possession of the property and mortgages the property to the creditor in order to guarantee the performance of the debt, the debtor fails to perform the due debt or the mortgage is realized as agreed by the parties, and the creditor has the right to be repaid in priority for the property. 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.

Legal analysis: The private mortgage loan IOU can only state the following contents: detailed information of both parties, loan content, total loan amount, loan term, loan payment and repayment, liability for breach of contract, specific information of the collateral, custody of the collateral, disposal of the collateral, cost bearing, effective conditions, and signing time.

Legal basis: Regulations on the Registration of Motor Vehicles

Article 22 The application does not refer to the registration of the mortgage, and the "Application Form for Cancellation of Mortgage Registration of Motor Vehicle Mortgage" shall be filled out, and the owner of the motor vehicle (mortgagor) and the mortgagee shall jointly apply with the following documents and vouchers:

1) Proof of identity of the mortgagor and the mortgagee;

2) Motor vehicle registration certificate;

3) The main contract and mortgage contract concluded by the mortgagor and the mortgagee in accordance with law. The DMV shall, within one day from the date of acceptance, record the contents of the mortgage registration on the motor vehicle registration certificate.

Article 23 The following contents shall be registered in the mortgage registration of the vehicle management office:

b) the number of the main contract and the mortgage contract;

3) The date of registration of the mortgage.

Legal analysis: It should include the principal claim and its interest, liquidated damages, damages, and the costs of keeping the secured property and realizing the security interest.

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

Article 388:To establish a security interest, a security contract shall be concluded in accordance with the provisions of this Law and other laws. Guarantee contracts include mortgage contracts, pledge contracts and other contracts with security functions. The guarantee contract is a subordinate contract of the main creditor's rights and debts.

If the principal creditor's rights and debts contract is invalid, the guarantee contract shall be invalid, unless otherwise provided for by law. After the guarantee contract is confirmed to be invalid, if the debtor, guarantor or creditor is at fault, they shall each bear the corresponding civil liability according to their fault.

Article 389 The scope of security of a security interest includes the principal creditor's right and its interest, liquidated damages, damages, and expenses for the custody of the secured property and the realization of the security interest. Where the parties agree otherwise, follow their agreement.

Legal analysis: A private mortgage IOU can only state the following contents: detailed information of both parties, loan content, total loan amount, loan term, loan payment and repayment, liability for breach of contract, specific information of collateral, collateral custody, collateral disposal, cost bearing, health and closure conditions, and signing time.

Legal basis: Regulations on the Registration of Motor Vehicles

Article 22 To apply for mortgage registration, the "Application Form for Cancellation of Mortgage Registration of Motor Vehicle Mortgage" shall be filled out, and the owner (mortgagor) of the motor vehicle and the mortgagee shall jointly apply with the following documents and certificates:

1) Proof of identity of mortgagor and mortgagee;

2) Motor vehicle registration certificate;

3) The main contract and mortgage contract concluded by the mortgagor and the mortgagee in accordance with law. The DMV shall, within one day from the date of acceptance, record the contents of the mortgage registration on the motor vehicle registration certificate.

Article 23 The following contents shall be registered in the mortgage registration of the vehicle management office:

b) the number of the main contract and the mortgage contract;

3) The date of registration of the mortgage.

Legal Analysis: Model Loan Contract (Latest Template).

Party A (Lender).

ID Number:

Party B (Borrower).

ID Number:

In order to clarify responsibilities and abide by credit, this contract is signed under the voluntary and negotiation of both parties to abide by it.

1. The amount borrowed (capitalized).

2. Purpose of borrowing: The borrower is in urgent need of a sum of funds due to need.

3. Loan interest rate:

4. Loan Period:

5. Date and method of repayment:

6. Liability for breach of contract:

The borrower shall repay the loan at the time specified in the contract. If the borrower fails to repay the loan on time, the lender has the right to recover the loan within a time limit and charge overdue interest according to the provisions of the contract.

1. If Party B fails to repay the loan in accordance with the provisions of the contract, Party B shall bear the liquidated damages and the lawyer's fees, litigation costs, travel expenses, appraisal fees, auction fees and other expenses incurred due to the litigation.

Party A has the right to apply to the people's court with jurisdiction to auction the collateral for repayment of the principal and interest of the loan, and if there is any shortfall in the repayment, Party A still has the right to recover from Party B. Until Party B repays all the principal and interest of Party A.

2. If Party B does not use the loan according to the purpose specified in the contract, Party A has the right to withdraw the loan at any time and require Party B to bear the liability for breach of contract of 1% of the total amount of the loan.

7. Dispute resolution: Settlement through negotiation, if the negotiation fails, the head of the party can file a lawsuit with the people's court where Party A is located

8. Others: 1Settlement of contract disputes: Disputes arising from the performance of this contract shall be settled by the parties through friendly negotiation or mediation by a third party. If negotiation or mediation fails, either party may file a lawsuit with the people's court in accordance with law.

2.This contract shall come into force on the date of signature by both parties. This contract shall be executed in duplicate, one copy for each party, and the text of the contract shall have the same legal effect.

Party A (signature, seal) Party B (signature, seal).

Date of Signing: YYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYY

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; (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 or several paragraphs.