Distinction Between Chattel Pledge And Pledge Of Rights

2011/1/13 11:52:00 147

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Pledge Of The Right To Pledge Of Movable Property

A mortgage is a property that a creditor does not pfer to a debtor or third person for possession of a creditor's right.

property

The price of a discount or the sale or sale of the property shall be paid first.

The characteristics of the mortgage are that the mortgaged property is not pferred and occupied, and a mortgage is established. The mortgaged property is still occupied by the debtor or the third party (the mortgagor).

The mortgaged person exercises the priority right of compensation, and the debtor does not perform the debt as the precondition.

Pledge refers to the debtor or third party's property or credentials.

pfer

The creditor holds the property as the creditor's right.

guarantee

When the debtor fails to perform the obligation, the creditor has the right to discount or auction the property, and the sale price of the property will be paid first.

The characteristics of chattel pledge: the debtor or third party (the Pledgor) must pfer the movable property to the creditor, and the debtor or the third person who provides the movable property is the owner of the movable property. The exercise of the pledge of the movable property must be based on the debtor's failure to perform his debts.

Pledge includes: pledge of movable property and pledge of rights.

The difference between chattel pledge and pledge of Rights:

(1) the subject matter of the contract is different.

The object of chattel pledge is tangible movable property, and the pledge of rights is the invisible right.

(2) the pfer of possession of the subject matter is different.

The pledge of movable property is delivered to the pledgee by the pledgee. The pledge of rights is based on the creditor's right of securitisation. The debtor can be informed of the quality of the pledge, and the quality of shares, stocks or intellectual property rights shall be set up, and the pledge registration shall be pferred to the owner according to law.

(3) the way of pledge is different.

In pledge of movable property, the right of pledge is first compensated for the discount or auction or sale price of the movable property; pledge of rights, the pledgee directly takes the place of the pledgee and exercises the right of the owner.

The difference between mortgage and pledge:

(1) the mortgaged subject matter is movable property and immovable property; the object of pledge is movable property and right.

(2) the mortgaged property is not pferred; possession is pferred.

(3) the parties may voluntarily handle the registration of mortgages, and the mortgage contract shall become effective from the date of signing. If the parties do not have to register the pledge, the pledge contract shall come into force on the date of delivery of the pledge or certificate of rights.

(4) if the parties concerned conduct mortgage registration, the registration department shall be the corresponding administrative department of the mortgaged property; if the stock or intellectual property rights are pledged, the parties concerned should register the quality registration with their corresponding administrative organs.

(5) if the mortgagee is not paid off at the expiration of the debt maturity period, he may consult with the mortgagor to pay the price of the mortgaged property or the proceeds from the sale or sale of the mortgaged property. If the agreement fails, he may bring a suit in the people's court. If the pledgee is not paid off at the expiration of the term of performance, he or she may agree with the pledgor to make a discount or auction in accordance with the law or sell off the pledge of the property.