People's Republic of China (PRC) property right law

Article 180 Scope of mortgaged property

The following properties that the debtor or a third party has the right to dispose of may be mortgaged:

(a) buildings and other land attachments; ?

(2) The right to use construction land; ?

(3) The contracted management right of wasteland and other land obtained through bidding, auction and public consultation; ?

(4) Production equipment, raw materials, semi-finished products and products; ?

(5) Buildings, ships and aircraft under construction; ?

(6) means of transportation; (seven) other property not prohibited by laws and administrative regulations. The mortgagor may mortgage the property listed in the preceding paragraph together.

Article 181 With the written consent of the parties concerned, enterprises, individual industrial and commercial households and agricultural producers and operators may mortgage existing and future production equipment, raw materials, semi-finished products and products. If the debtor fails to perform the due debt or realize the mortgage according to the agreement of the parties, the creditor has the right to be paid in priority for the movable property when the mortgage is realized.

2. Property that cannot be used as collateral.

People's Republic of China (PRC) property right law

Article 184 The following properties shall not be mortgaged:

(1) Land ownership; ?

(2) The right to use collectively-owned land such as cultivated land, homestead, private plots and private hills, except those that can be mortgaged according to law; ?

(3) Educational facilities, medical and health facilities and other public welfare facilities of schools, kindergartens, hospitals and other institutions and social organizations; ?

(4) Property whose ownership and use right are unknown or controversial; ?

(5) Property that has been sealed up, detained or supervised according to law; ?

(6) Other properties that may not be mortgaged according to laws and administrative regulations.

Extended data

People's Republic of China (PRC) property right law

Article 179 Basic rights of mortgage

In order to ensure the performance of the debt, if the debtor or a third party mortgages the property to the creditor without transferring the possession of the property, if the debtor fails to perform the due debt or realize the mortgage according to the agreement of the parties, the creditor has the right to be compensated in priority for the property. The debtor or the third party specified in the preceding paragraph is the mortgagor, the creditor is the mortgagee, and the property that provides guarantee is the mortgaged property.

Article 182 Real Estate Mortgage Relationship

Where a building is mortgaged, the right to use the construction land occupied by the building shall be mortgaged together. Where the right to use construction land is mortgaged, the buildings on the land shall be mortgaged together. If the mortgagor fails to mortgage together in accordance with the provisions of the preceding paragraph, the unsecured property shall be deemed to be mortgaged together.

Article 183 The right to use buildings and construction land of township enterprises shall be mortgaged.

The right to use the construction land of township enterprises shall not be mortgaged separately. Where buildings such as factories of township enterprises are mortgaged, the right to use the construction land occupied by them shall be mortgaged together.

Article 185 Establishment of mortgage right

To establish a mortgage, the parties shall conclude a mortgage contract in writing. A mortgage contract generally includes the following clauses:

(1) The type and amount of secured creditor's rights; ?

(2) The time limit for the debtor to perform the debt; ?

(3) Name, quantity, quality, condition, location, ownership or right to use the mortgaged property; ?

(4) the scope of the guarantee.

Article 186 Detention is strictly prohibited.

Before the maturity of the debt, when the debtor fails to perform the due debt, the mortgagee may not agree with the mortgagor that the mortgaged property belongs to the creditor.

187th real estate mortgage registration

Where the property specified in Items 1 to 3 of the first paragraph of Article 180 of this Law or the building under construction specified in Item 5 is mortgaged, the mortgage registration shall be handled. The mortgage is established at the time of registration.

Article 188 the effectiveness of chattel mortgage

Where the property specified in Items 4 and 6 of the first paragraph of Article 180 of this Law or the ship or aircraft under construction specified in Item 5 is mortgaged, the mortgage right shall be established when the mortgage contract comes into effect; Without registration, you may not be able to fight well-intentioned third parties.