According to the difference of pledge, pledge can be divided into chattel pledge and right pledge.
Specifically:
1. Chattel pledge refers to the pledge of something that can be moved without damaging its utility;
2. The pledge of rights refers to the pledge of transferable rights.
To establish a pledge, the parties shall conclude a pledge contract in writing.
A pledge contract generally includes the following clauses:
1, type and amount of secured creditor's rights;
2. The time limit for the debtor to perform the debt;
3. Name and quantity of pledged property;
4. Scope of guarantee;
5. Time and method of delivery of pledged property.
The pledgee and the pledgor agreed that if the debtor fails to perform the due debt before the expiration of the debt performance period, the pledged property belongs to the creditor, and only the pledged property can be paid in priority according to law.
During the existence of the pledge, if the pledgee uses or disposes of the pledged property without the consent of the pledger, and the pledgee causes damage, it shall be liable for compensation.
The pledgee has the obligation to properly keep the pledged property; If the pledged property is damaged or lost due to improper custody, it shall be liable for compensation.
If the pledgee's behavior may damage the pledged property, the pledger may request the pledgee to deposit the pledged property, or request to pay off the debt in advance and return the pledged property.
Due to reasons not attributable to the pledgee, the pledgee has the right to require the pledgor to provide corresponding guarantee if the pledged property may be damaged or its value is obviously reduced, which is enough to endanger the pledgee's rights; If the pledgor cannot provide it, the pledgee may auction or sell the pledged property, and agree with the pledgor to pay off the debt in advance or deposit the proceeds from the auction or sale.
Legal basis: Article 440th of the Civil Code of People's Republic of China (PRC).
The following rights that the debtor or a third party has the right to dispose of may be pledged:
(1) Bills of exchange, promissory notes and checks.
(2) Bonds and certificates of deposit.
(3) Warehouse receipts and bills of lading;
(4) Transferable fund shares and equity;
(5) Transferable intellectual property rights such as the exclusive right to use a registered trademark, patent right and copyright;
(6) Existing and future accounts receivable;
(7) Other property rights that can be pledged according to laws and administrative regulations.