What to do if the pawn pledge item is damaged and lost

Article 41 stipulates that pawnshops shall not rent, pledge, mortgage or use pawns during the current period.

If the pledged pawn is lost or damaged during the pawn period or during the renewal period, the pawnshop shall compensate according to the appraised amount. In the event of force majeure resulting in damage to the pledged pawn, the pawnshop shall not be liable for compensation.

Pawn refers to the act of a pawnbroker pledging his movable property and property rights as pawn or mortgaging his real estate as pawn to a pawn shop, paying a certain percentage of the fee, obtaining the pawn money, and paying the pawn interest, repaying the pawn money, and redeeming the pawn within the agreed time limit. China is one of the first countries in the world to have pawnbroking activities and the formation of the pawnbroking industry, which has experienced more than 1,600 years of historical ups and downs in China.

Compensation for loss is based on valuation, and the damage depends on the degree, and compensation is made after the damage is assessed.

You go to a bigger pawn shop, like a Bowritong or something. It shouldn't appear, but the small ones are not possible, and whoever looks good and plays with it, there must be damage. Large enterprises are very strict about the management of employees.

Legal Analysis: Yes. After the seller has taken back the subject matter in accordance with the provisions of the first paragraph of the preceding article, the buyer may request redemption of the subject matter if the buyer eliminates the seller's reasons for taking back the subject matter within the reasonable redemption period agreed upon by both parties or designated by the seller.

If the buyer does not redeem the subject matter within the redemption period, the seller may sell the subject matter to a third party at a reasonable price, and if there is any surplus of the sale proceeds after deducting the price not paid by the buyer and necessary expenses, it shall be returned to the buyer; The shortfall shall be paid by the buyer.

Legal basis: Article 643 of the People's Republic of China Civil Huaimu Code After the seller takes back the subject matter in accordance with the provisions of the first paragraph of the preceding hidden bureau, the buyer may request the redemption of the subject matter if the buyer eliminates the seller's reasons for taking back the subject matter within the reasonable redemption period agreed by both parties or designated by the seller. If the buyer does not redeem the subject matter within the redemption period, the seller may sell the subject matter to a third party at a reasonable price, and if there is any surplus of the sale proceeds after deducting the price not paid by the buyer and necessary expenses, it shall be returned to the buyer; The shortfall shall be paid by the buyer.

The Civil Code stipulates that the pledge right is not lost if the pledge is stolen, but it should be in the case that the pledgee is not responsible for the theft of the pledge. However, if the pledgee is damaged or lost due to poor custody, the pledgee shall be liable for compensation.

Legal basis] Article 432 of the Civil Code.

The pledgee has the obligation to properly keep the pledged property; Where the pledged property is damaged or lost due to improper safekeeping, it shall be liable for compensation.

If the pledgee's behavior may cause damage or loss to the pledged property, the pledgor may request the pledgee to deposit the pledged property, or request that the debts be paid off in advance and the pledged property returned.

433rd sail and sedan car.

If the pledged property may be damaged or significantly reduced in value due to reasons not attributable to the pledgee, which is sufficient to endanger the rights of the pledgee, the pledgee has the right to request the pledgor to provide corresponding security; If the pledgor does not provide it, the pledgee may auction or sell the pledged property, and agree with the pledgor to pay off the debts or deposit the proceeds of the auction or sale in advance.

Legal Analysis: No Loss. If the pledged property is lost due to the pledgee's reasons, the pledgee no longer enjoys the pledge, and the pledge is extinguished with the disappearance of the pledge. The theft of the pledged property is not due to the personal reasons of the pledgee.

Legal basis: Article 393 of the Civil Code of the People's Republic of China.

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

1) The main creditor's right is eliminated and the core is extinguished;

2) the realization of a security interest;

3) the creditor waives the security interest;

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

According to the relevant provisions of China's Civil Code, the theft of the pledged property is a cause that cannot be attributed to the pledgee, and the pledgee's pledge right is not lost. Article 433 of the Civil Code of the People's Republic of China: If the pledged property may be damaged or significantly reduced in value due to reasons not attributable to the pledgee, which is sufficient to endanger the rights of the pledgee, the pledgee has the right to request the pledgee to provide corresponding security; If the pledgor does not provide it, the pledgee may auction or sell the pledged property, and agree with the pledgor to pay off the debts or deposit the proceeds from the auction or sale in advance.

Legal basis: Article 433 of the Code of the People's Republic of China and the Civil Law.

"Measures for the Administration of Pawn Bai".

Article 3 The term "pawn" in these measures refers to the act of a pawnbroker pledging its movable property and property rights as pawn or mortgaging its real estate as pawn to a pawn shop, paying a certain percentage of fees, obtaining pawn money, and paying interest on pawn money, repaying pawn money, and redeeming pawn goods within the agreed time limit.

The term "pawnshop" in these Measures refers to the enterprise legal person established in accordance with these Measures specializing in pawnbroking activities, and its organizational form and organizational structure shall be subject to the relevant provisions of the Company Law of the People's Republic of China.

OK. Complex.

Measures for the Administration of Pawns.

Article 36 The value of the pawn shall be valued

The amount and the amount of the pawn shall be determined by both parties

If the amount of the pawn of the real estate cannot be agreed upon through negotiation, the two parties may entrust a qualified real estate appraisal agency to conduct the appraisal, and the appraisal amount can be used as a reference for determining the amount of the pawn.

The pawn period shall be agreed upon by both parties and shall not exceed 6 months.

According to the Pawn Bai

Administrative Measures (Decree of the Ministry of Commerce and the Ministry of Public Security.

Article 36 of Zhi 2005 No. 8) stipulates that "the term of paragraph 3 of Article DAO shall be determined by both parties, and the maximum length shall not exceed 6 months. ”

Article 39: "During the pawn period or within 5 days after the expiration of the pawn period, the pawn may be renewed with the consent of both parties, and the maximum period of renewal is 6 months. The renewal period is calculated from the date of expiration of the pawn period or the previous renewal period.

At the time of continuation, the pawn shall settle the interest and current expenses of the previous period. ”

Article 40: "After the expiration of the pawn period or renewal period, the pawnbroker shall redeem or renew the pawn within 5 days. If it is not redeemed or renewed within the time limit, it shall be absolutely deserved. ”

However, the state is very strict in the approval and management of pawnshops. If it is in an illegal and privately opened pawnshop, because it is an illegal business and is not protected by law, the above provisions cannot be applied, and it may be possible to get it back through litigation.

If you choose to pawn, then you need to redeem when it expires, if you choose to pawn, it is equivalent to selling it directly, and you don't need to redeem it.

Divide live and die, live when the expiration is not taken or renewed, and the overdue period of 5 days is for the dead pawn, and the pawnshop has the right to repay the pawn money.

There is no legal liability for non-redemption and pawning at maturity.

If it is a pledge of movable property such as watches, jewelry, jewelry, jade, including motor vehicles, etc., it is your right not to redeem it.

If you do not redeem or renew it at maturity, the pawnshop will dispose of the pledged items by itself, and you will lose the right to redeem them later.

But if it is a mortgage on the property, and you don't return the pawn money and don't pay interest, then you have to wait for the pawn shop to recover your property, and if the negotiation fails, you can only sue you.

There are two kinds of bai:

One is pawning, which you choose.

Du chooses the current period, and can be redeemed in the zhi period, and the pawn is more and less due, and it will cost how much money to redeem the goods.

Warrants, only the comprehensive service fee for the current period will be charged;

the second is to sell it directly, which is generally higher than a pawn and cannot be redeemed;

Guangzhou's first pawnshop civilian pawn 2 minutes loan, early repayment and refund of the corresponding fees is convenient and fast, I hope to help you