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What is the difference between mortgage and pledge? Essential difference

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

  The difference between mortgage and pledgeWhat is the main? Wang is a third-year economics student in a university economy, economic law courses in the repair, the old encounter "mortgage" and "Pledge"These two terms, due to the wide range of content involved in the course, he has never figured out the difference between mortgage and pledge in the end, after finishing, Xiaobian will briefly summarize them as follows, hoping to help never understand these two words Children's shoes.

First, the concepts of both are like this:

Mortgage, that is, the debtor or a third person does not transfer the legal provisions of the mortgaged property possession, the property as a guarantee of debt, when the debtor fails to perform its obligations, the creditor has the right according to the law on the sale price of collateral priority compensation.

Pledged, that is, the debtor or a third person to transfer their possession of movable property creditors, the movable property as a guarantee of debt, when the debtor fails to perform its obligations, the creditor has the right to sell the movable property in accordance with the law priority to be paid.

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

1, the subject of the mortgage is usually real estate, special movable property (cars, boats, etc.); pledged mainly movable property.

2, the mortgage to register before taking effect, pledge is only possession can be.

3, mortgage only a simple guarantee effect, while the pledge of the pledge of both the quality of the material, but also to demonstrate the effectiveness of lien.

4, the realization of the mortgage mainly through the court to apply for an auction, while the pledge will be more direct sale.

 

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