What is the difference between a mortgaged car and a back to back car?

The difference between a mortgaged car and a back-to-back car:

1. The nature is different.

The mortgaged car is a kind of assignment of creditor's rights in the contract law, and the assignment of creditor's rights is protected by national law, which is useless, and the mortgaged car is a part of the creditor's rights assignment law. The back car is a normal car, all the procedures are complete, and the annual insurance is normal, but it just can't be transferred.

2. Legitimacy is not the same.

Carrying a car is strictly illegal and not illegal. And a regular mortgage car is legal.

3. The file is different.

The vehicle file of the back car is completely normal, the vehicle file of the mortgaged car is clearly marked with the mark of "mortgage", and the back car is not marked.

Difference in meaning. The difference between it and other types of cars such as "mortgage car", "mouse car", "violation king" and so on is that "back car" is a normal car, all procedures are complete, and the annual insurance is normal, but it cannot be transferred.

"Assignment of creditor's rights", also known as "assignment of creditor's rights", refers to the transfer of contracts without changing the content of the contract, and the creditor enters into a contract through a third party through the assignment of creditor's rights.

Legality of the mortgaged car:

Mortgaged cars are divided into full-paid mortgaged cars and non-full-paid mortgaged cars, and full-paid mortgaged cars need to meet one of the following conditions:

1. The car was bought with a one-time payment.

2. The car is bought in installments, and the car has been repaid, but the owner is unwilling or unable to repay the financial company, and does not cooperate with the transfer, and the financial company will legally transfer the creditor's rights, and it is legal and safe to purchase such a mortgaged car.

Non-full mortgage car means that the car is still in the state of mortgage by the vehicle management office and the bank, this kind of car should be purchased cautiously, if the owner does not repay the car loan, the vehicle will be seized sooner or later. However, if the car owner does not repay the car loan, he may be prosecuted for contract fraud.

There is a difference, the mortgage car is not in the house, and the other is the same as the transfer car with the same annual review, not the end of what can be said at once, you can contact me ahsan guo

Why can't outsiders buy a back car?

A backcar is a car that cannot be transferred。A backcar is also a regular car, all procedures may have been completed, and annual inspection insurance is normal, but the transfer of ownership is not allowed. The main reasons for not registering a vehicle after a transaction are as follows:

The place where the license plate is registered is too far away, and the cost of transferring the registration to the place of residence is too high. The owner of the car passed away and the vehicle was not written off; Licensed vehicles in the target area are transferred together; Due to relocation restrictions, foreign vehicles are unable to settle here.

The car refers to the fact that outsiders spend money in the city to find a citizen with a household registration in the cityBorrowing an ID card for car purchase procedures, due to legal requirementsOut-of-towners buy used cars in a certain cityBefore September 2005, China's automobile management regulations stipulated that second-hand cars managed by local governments could not be sold and auctioned off-site.

It is necessary to carry out the registration of transfer in different places, and the public security traffic management department of the place of vehicle transportation shall handle the procedures for moving out of the vehicle, and the public security traffic management department of the receiving place shall go through the procedures for moving in the vehicle.

"Carrying an account" refers to a local person who sells his ID card for use by a foreigner for a fee.

Since Beijing restricts the requirement that vehicles must be bought by people with local hukou in order to be registered, some outsiders have approached locals in Beijing to give them some money and ask for them to use their names to register in their names. This part of the Beijing people is called backing!

There are many people who are willing to find someone to "carry the household", so that they can escape a lot of taxes and fines, but this practice is also very unsafe, because the "back household" has the right to report the vehicle ** or lost, so that the car may become a black household, and the traffic police department can detain it according to law. And when the vehicle finds a traffic accident, the perpetrator will be held accountable first. If the perpetrator escapes, the owner of the vehicle should pay compensation in advance, so there is also a great risk of betraying the owner.

It is not advisable to buy a second-hand car with a backowner, because once the "backer" dies, it will become very difficult for the actual owner to get back the ownership of the car, because the transfer procedure cannot be processed.

Buying a back car, after all, there is a risk that you may find it convenient at the time, ** is not high, but the follow-up risk is large, it is recommended to have a regular car with a transfer.

However, there are risks to both parties, although Beijing is now very nervous, but it is better to go through the normal procedures to rest assured that ordinary people will not choose to take the household to sell the car, because if there is an accident or accident, the responsible party is himself.

The fear of the back car is that you don't have a license plate number, and after you buy the car, you hang it on someone else's account, which is the so-called back car.

What type of car is a backcar?

A back-to-back car is a car that cannot be transferred. The back car is a normal car, all the procedures may be complete, and the annual insurance is normal, but it just can't be transferred.

There are several main reasons why the vehicle is not registered after the transaction:

1. The license plate is too far away, and the cost of transferring to the place of household registration is too high.

2. Debt repayment car.

3. The owner of the vehicle has passed away and the vehicle has not been cancelled.

4. The transfer of the licensed car in the area where the index is restricted from purchase.

5. Foreign vehicles cannot settle in the local area due to relocation restrictions.

6. Some ** may also sell non-class vehicles as back-to-back vehicles at a low price.

Back car: Back car is that you buy a car, but the owner of the car is still the original owner, not you! You only bought the car and didn't transfer the ownership.

Selling a car behind your back, the main risks borne by the original car are:

If the current owner of the vehicle is involved in a traffic hit-and-run, the traffic police will not investigate the responsibility of the current owner, but will blame the original owner; The original car is mainly responsible for medical expenses, nursing expenses, and other compensation; If the consequences are serious, they will also bear legal responsibility.

If the current owner violates the traffic violation, the original car is mainly responsible for the violation.

In first-tier cities, the original car owner cannot buy a new car with a license plate.

Carrying a carRefers to a car that cannot be transferred.

The first is a first-tier city. For example, if you live in Beijing, you have a foreign household registration and there is no indicator under your name, but you want to get a Beijing license, and at this time, there happens to be a Beijinger who has an indicator under his name. Then you pay for the car and record it in his name, in this case, this is a back car.

The second situation is common in second-hand car market transactions, that is, the owner of the car, because of some reasons, such as the owner of the car has gone abroad and runs away, and cannot cooperate with you to transfer the ownership, then the car can not be transferred, and it can also be bought and sold as a Shenzheng car.

Recommendations

Backpack cars are generally cheaper, and if they are suitable, they can definitely be bought. However, there are also some disadvantages of the back car, such as the car is accidentally stolen one day, and you can't call the police, because the car is not in your name and does not belong to the property in your name. In addition, once a traffic accident occurs, it may be said that there will be some inconvenience when taking the insurance claim.

However, this is not to say that you can't buy a back car, if it is very cheap, such as 10,000 or 20,000, and the car is in good condition, then buy it back to practice, and then sell it for two years is also very good, but after buying it back, you must check whether there is GPS positioning.

I will tear it down when I have it. Although I think that you can also buy a back car, but for the kind of back car of ten to two hundred thousand, after all, the risk of using the car is relatively large, so it is recommended that you be cautious.

Legal Analysis] It is better not to buy a back car. Hidden dangers of backing: 1. The behavior of "backing" makes it impossible for the registration authority to grasp the actual owner of the vehicle, and once a traffic hit-and-run accident or criminal case occurs, it will affect the investigation.

At the same time, the illegal problem of these cars affects traffic and social order. 2. Those who carry the household may bear many risks, such as vehicle traffic accidents, traffic violations, and illegal acts by using vehicles. 3. The identity certificate kept by the "backer" to the user may also be fraudulently used to open a bank account or apply for a credit card without knowing it.

Legal basis] Tort Liability Law of the People's Republic of China Article 50 If the parties have transferred and delivered a motor vehicle by way of sale or other means but have not registered the transfer of ownership, and the motor vehicle is the responsibility of one party after a traffic accident occurs, the insurance company shall compensate within the limit of the liability of the compulsory insurance of the motor vehicle, and the transferee shall bear the liability for compensation for the insufficient part. Article 51 Where a motor vehicle assembled or has reached the scrapping standard is transferred by way of sale or sale, and damage is caused by a traffic accident, the transferor and the transferee shall be jointly and severally liable. Article 52: Where a traffic accident causes damage to a stolen, robbed, or snatched motor vehicle, the person who stole it, robbed, or snatched the motor vehicle shall be liable for compensation.

If the insurance company advances the rescue expenses within the limit of the compulsory insurance liability of the motor vehicle, it has the right to pay the traffic.