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What is the difference between mortgage and pledge? Essential difference

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

  The difference between mortgage and pledgeWhat is the main thing? Wang is a third-year student of a certain university’s economics. He encountered “mortgage” and “money” when he was studying economic law courses.Pledge"These two terms, because of the breadth of the content of the course, he has not been able to understand where the difference between the mortgage and the mortgage is. After finishing, Xiao Bian will simply summarize them as follows. I hope that I can't understand the two words. Children's shoes.

First of all, the concept of both is like this:

Mortgage means that the debtor or the third party does not transfer possession of property that can be used as mortgage under the law. 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 be paid in accordance with the law in accordance with the price of the mortgaged property.

Pledge, that is, the debtor or the third person will transfer his movable property to the creditor’s possession, and use the movable property as a guarantee for the creditor’s rights. When the debtor fails to perform the debt, the creditor has the right to be paid in accordance with law according to the price of the movable property.

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

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

2. The mortgage must be registered before it takes effect and the pledge only needs to be possessed.

3, the mortgage is only a simple security effect, and the pledger in the pledge of both quality control, but also reflect the retention effect.

4. The realization of the mortgage right mainly applies to the court for auction, while the pledge is more directly sold.

 

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