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What is the difference between mortgage and pledge? Essential difference

Time: 2014-06-17         Source: Rong 360 finishing         Author: well-off

  The difference between mortgage and pledgeWhat is the main thing? Wang is a third-year student of a university's economics. When he was pursuing an economic law course, he encountered “mortgage” and “old”.PledgeThese two words, because of the extensive content of the course, he has not figured out the difference between mortgage and pledge. After finishing, Xiaobian will briefly summarize them as follows, hoping to help them never understand the two words. Children's shoes.

First of all, the concept of the two is this:

Mortgage means that the debtor or a third party does not transfer the possession of the collateralized property stipulated by the law, and the property is used as a guarantee for the creditor's rights. When the debtor fails to perform the debt, the creditor has the right to give priority to the price of the collateral sold according to law.

The pledge is that the debtor or a third party transfers its movable property to the creditor's possession, and the movable property is used as a guarantee for the creditor's rights. When the debtor fails to perform the debt, the creditor has the right to give priority to the price of the movable property according to law.

Second,The difference between the two mainly reflects the following points:

1. The subject matter of the mortgage is usually real property, special movable property (car, boat, etc.); the pledge is mainly movable property.

2. The mortgage must be registered to take effect, and the pledge is only required to be possessed.

3. The mortgage has only a simple guarantee effect, and the pledge pledger not only controls the quality, but also reflects the effect of the lien.

4. The realization of the mortgage is mainly through the application to the court for auction, and the pledge is directly sold.

 

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