What is the maximum legal validity period for a vehicle mortgage

The law does not clearly stipulate the term of the vehicle mortgage, because the vehicle mortgage is established on the basis of the guarantee of the main creditor's rights contract, and generally the mortgage is valid if the main creditor's rights are valid, so the term of the vehicle mortgage is generally the same as the term of the main creditor's rights contract. In addition, if there is an agreement on the mortgage period in the security contract, the contract shall prevail.

Legal analysis

Mortgage right: 1 Mortgage right refers to the right of the creditor to sell the property and receive priority in repayment in accordance with the law when the debtor fails to perform the debt or the mortgage is realized as agreed by the parties.

2 The debtor or third party providing the secured property is called the mortgagor, while the creditor who has the right to mortgage is called the mortgagee.

3 The secured property provided by the mortgagor is called the mortgaged property.

Creation of mortgage: The creation of mortgage is the most common method of creating a mortgage, that is, a mortgage is created between the creditor and the debtor through a mortgage contract.

Parties to the mortgage contract: The parties to the mortgage are the mortgagor and the mortgagee. A mortgagor is a person who creates a mortgage on his property to provide security for his own or others' debts. The person who obtains the mortgage is the mortgagee.

Mortgage registration: The doctrine of the requirement for the validity of registration and the doctrine of confrontation element coexist. Immovable property mortgages and mortgages created by certain immovable property rights are subject to the requirement of registration to be effective. Chattel mortgages and chattel floating charges adopt the principle of registration adversarial elements.

Legal basis

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

1. The validity period of the mortgage right shall be determined according to the term determined by the mortgage contract between the two parties. If there is no definite term in the mortgage contract, the mortgage right shall end on the date when the debt is fully repaid.

2. If the principal creditor's right stipulates a time limit for performance or a critical statute of limitations for the principal creditor's right, the mortgagee shall exercise it before the expiration of the limitation period, and if it is not exercised, the mortgage right shall be extinguished.

Article 202 of the Property Law The mortgagee shall exercise the mortgage right within the limitation period of the principal creditor's right; and where it is not exercised, the people's courts will not protect it.

1. How long is the validity period of the vehicle mortgage.

1. The validity period of the vehicle mortgage is about five years. But if it's a mortgage, it will take longer. It usually takes 1 to 5 business days to apply for a car mortgage.

If there is no specific validity period for the car mortgage guarantee, the mortgage right will be valid if the main claim is valid, and if the mortgagee fails to claim the mortgage right beyond the statute of limitations for the main claim, the mortgage right will be extinguished.

2. Legal basis: Article 394 of the Civil Code of the People's Republic of China.

If, in order to guarantee the performance of the debt, the debtor or a third party does not transfer the possession of the property and mortgages the property to the creditor, the debtor fails to perform the due debt or the mortgage rights are 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.

2. What are the materials that need to be brought for a car mortgage?

1. ID card, household registration booklet or other valid residence documents;

2. Proof of occupation and economic income;

3. Car purchase agreement, contract or letter of intent signed with the dealer;

4. Personal loan application, and provide relevant information to prove that it meets the loan conditions.

3. What are the conditions for personal loan application?

1. The borrower is a citizen of the People's Republic of China with full capacity for civil conduct or an overseas natural person who meets the relevant provisions of the state;

2. The purpose of the loan is clear and legitimate;

3. The amount, term and currency of the loan application are reasonable;

4. The borrower has the willingness and ability to repay;

5. The borrower has a good credit status and no major bad credit records;

6. Other conditions required by the lender.

Legal analysisIf there is an agreement in the contract, it shall be executed according to the agreed period, and if there is no agreement, the term of the mortgage guarantee is generally six months. The creditor and the guarantor may agree on a guarantee period, but if the agreed guarantee period is earlier than or expires at the same time as the performance period of the principal debt, it shall be deemed that there is no agreement.

The term of exercise of the mortgage is three years. The law stipulates that the mortgagee shall exercise the mortgage right within the limitation period of the principal claim. and where it is not exercised, the people's courts will not protect it.

The statute of limitations for civil cases is three years, so the time limit for exercising the mortgage right is three years from the date of expiration of the main creditor's right.

Legal basisArticle 692 of the Civil Code of the People's Republic of China The guarantee period is the period during which the guarantor's guarantee liability is determined, and there is no suspension, interruption or extension. The creditor and the guarantor may agree on a guarantee period, but if the agreed guarantee period is earlier than or expires at the same time as the performance period of the principal debt, it shall be deemed that there is no agreement. If there is no agreement or the agreement is not clear, the guarantee period shall be six months from the date of expiration of the performance period of the principal debt.

Where the creditor and the debtor have not agreed on the time limit for the performance of the principal debt or the agreement is not clear, the guarantee period shall be calculated from the date of expiration of the grace period for the creditor to request the debtor to perform the debt.

Analysis of the law of Fana State: if there is no specific validity period for the automobile mortgage guarantee, the mortgage right is valid if the main claim is valid, and if the mortgagee fails to claim the mortgage right beyond the statute of limitations for the main claim, the mortgage right will be extinguished.

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

Article 400 To establish a mortgage right, the parties shall conclude a mortgage contract in written form.

Mortgage contracts generally include 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 Guarantees.

Article 393 The security interest shall be extinguished under any of the following circumstances:

1) The main creditor's right is extinguished;

2) Realization of the security interest;

3) The creditor waives the right to resist sensitivity of the collateral;

4) Other circumstances in which the law provides for the extinction of the security interest.

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

The validity period of the vehicle mortgage is about five years. But if it's a mortgage, it will take longer. It usually takes 1 to 5 business days to apply for a car mortgage.

If you want to apply for a vehicle mortgage, you can see if you meet the conditions for a vehicle mortgage. If you meet the above conditions for a vehicle mortgage, you can basically apply for a vehicle mortgage loan and generally get the loan smoothly.

The conditions for the vehicle mortgage are as follows:

1. Chinese citizens who have reached the age of 18 and have full capacity for civil conduct and have a fixed residence in China.

2. Have a stable occupation and economic income, and be able to guarantee regular repayment of loan principal and interest.

3. It can provide a guarantee mechanism approved by the lending bank for automobile mortgage loans.

4. The lender has the ownership of the local mortgaged vehicle.

5. The lender must have a vehicle registration certificate, a driving license, a purchase additional tax certificate (this), and a hail invoice for the purchase chain.

6. Provide insurance policy, vehicle and vessel tax, and tax certificate related to imported vehicles.

7. The lender has a good personal credit record.

8. Other conditions of the lending institution.

Civil Code of the People's Republic of China

Article 394.

In order to guarantee the performance of the debt, if the debtor or a third party does not transfer the possession of the property and mortgages the property to the creditor, 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 the third person provided for in the preceding paragraph is the mortgagor, the creditor is the mortgagee, and the property provided for security is the mortgaged property.

Article 419.

The mortgagee shall exercise the mortgage right within the limitation period of the main creditor's right; and where it is not exercised, the people's courts will not protect it.