The difference between mortgage and pledge
what is collateral? What pledge?
Mortgage, is the debtor or a third person is not transferred under the law of possession can be secured against property, set the property as a security for debt, when the debtor fails to fulfil the debt, the creditor shall have the right to sell price of the mortgage repayment priority.
pledge is the debtor or a third party the transfer of creditor possession of movable property, the property as a security for debt, when the debtor fails to fulfil the debt, the creditor shall have the right to the property selling price priority of claim.
the difference between mortgage and pledge
(1) subject for personal property and real property mortgages; subject to pledge personal property and property rights (such as stock prices, bills and so on).
(2) mortgage registration takes effect, the pledge is simply possession can be.
(3) the parties may voluntarily register with the mortgage, mortgage contract take effect from the date of signing; parties do not have to deal with the registration of a pledge, the pledge contract is collateral entry into force or from the date of delivery of the document of title. Mortgage guarantee only pure effect, and a pledge of the pledgee dominated mass, and embody the indwelling effect.
(4) the registration of mortgages, register for the appropriate management of the mortgage; to share the pledge of a, intellectual property rights, the parties should take their appropriate regulatory agency for the registration of the pledge.
(5) debt perform period expires, mortgage right people not by settlement of, can and mortgage people consultations to mortgage real discount or to auction, and sold the mortgage real of proceeds price by claims, agreement not of, can to court filed litigation; debt perform period expires, quality right people not by settlement of, can and out quality people agreement to quality real discount or law auction, and sold quality real settlement claims.