What is property mortgage? Other property mortgaged to pledge your property?

What is property mortgage? Other property mortgaged to pledge your property? Mortgage assets must abide by the rules of form, how the mortgage term? According to the provisions of article 342 the civil code in 2005, the property is the one party taking his owned property to ensure that the civil service for the other side and does not transfer the property to the recipient. Collateral mortgage holds party. The parties can also deals given to third persons holding the collateral.

What is property mortgage? Other property mortgaged to pledge your property?
Collateral is real property and property can also be formed in the future. In the case of a mortgage the entire property, estate, the supporting characters of the estate, the estate that also in the collateral. In cases of mortgage a real estate section has supporting that the parties had not agreed about the extra property that the extra property that also in the collateral. The mortgage of land use must comply with the provisions of article 715 of the civil 721 in 2005 and the provisions of relevant laws.

As such, other property mortgaged property pledge in that, in case of a pledge, the parties pledge to transfer the property to the recipient party pledge to keep; in the case of a mortgage, the mortgage side is holding the collateral for continued exploitation, use. On the form property: The property must be made in writing, may be made in writing or recorded in the main contract. In some cases the law has regulated mortgage documents must be notarized, certified or registered, then the property must comply with the form. (Article 343 the civil code in 2005). About mortgage term: the term of the mortgage by the parties to the agreement, if there is no agreement then the mortgage term until termination of the obligation secured by the mortgage. (Article 344 the civil code in 2005).

Regulations on the mortgage assets


Common rules on mortgage assets that include the basic content about mortgages, mortgage forms, mortgage term, rights and obligations of parties to a mortgage and the party receiving the mortgage cancellation and termination of the mortgage assets and other related content are as follows:

1. Property is the one party (hereinafter the mortgage side) used his owned property to ensure that the civil service in respect of the other party (hereinafter called parties to get mortgages) and does not transfer the property to the recipient. In the case of a mortgage the entire property, estate, the supporting characters of the property, that property in collateral. In the case of a partial mortgage real estate, estate, the supporting characters in the collateral, unless the parties have agreed otherwise. Collateral can also be formed in the future.

2. Collateral mortgage holds party. The parties to the agreement can be assigned to the third person holds the collateral.

3. The mortgage of land use is made according to the regulations on the mortgage of land use rights in the civil code and the provisions of relevant laws.

Form property


The property must be made in writing, may be made in writing or recorded in the main contract. In case the law has regulated the mortgage documents must be notarized, certified or registered. The duration property. The parties to the agreement on the time limit for property mortgage; If there is no agreement then the mortgage term until termination of the obligation secured by the mortgage. Obligations of parties to the mortgage property. Parties to the mortgage property has the following obligations:

1. Preserve, preserving the collateral;

2. adopt the measures needed to overcome, including to stop exploitation of the collateral if the harness which collateral risk losing value or decrease the value;

3. Inform the receiving party as collateral on the rights of third persons with respect to the collateral, if any; in no case shall the receiving party notice of the mortgage has the right to cancel the contract of mortgage assets and claim damage or to maintain the contract and acceptance of the rights of third persons with respect to collateral;

4. Not be sold, exchanged, donated to the collateral, unless regulations are prescribed individually.


The right side of the property. Parties to the mortgage property has the following rights:


1. Tap the use, enjoyment, interest yield from assets, unless the United States benefit, interest also in the collateral agreement;

2. Be invested to increase the value of the collateral;

3. Sold, substituted property, if the property is moved in goods production and trading processes. In case of sale of collateral is goods in process of production, business, the right to request the buyer paid cash, proceeds or assets from the proceeds become collateral for the replacement of the assets sold.

4. Sold, exchanged, donated to the collateral is not in goods in process of production, trading, if the parties get a mortgage agreed.

5. Rental loan collateral, but must notify lessees, on loan to know about rental property, the loan is to be used for the mortgage and must inform the party receiving collateral know;

6. Collateral received by the third person holds, when the obligations secured by mortgages terminate or be replaced by another guarantee measures.

The receiving party's obligations to mortgage the property. The party receiving the mortgage property has the following obligations:


1. Where the parties to the agreement accept party mortgages keep papers on collateral when terminating a mortgage must be repaid to the mortgage papers on collateral;

2. Requests the competent State agencies register transaction deleting registered warrants in the case are defined.

The right of mortgage assets. The party receiving the mortgage property has the following rights:


1. Request the lessees, on loan collateral in cases under regulation must terminate the use of the collateral, if the use lose value or decrease the value of the property;

2. Be reviewed, check the collateral directly, but did not obstruct or cause difficulties for the use and exploitation of collateral;

3. Requests Parties to the mortgage must provide information about the status of mortgage assets;

4. Required mortgage party to apply measures necessary to preserve the assets, the value of the property in case there is the risk of loss of value or decrease the value of the property due to the exploitation, use;

5. Requests Parties to the mortgage or the third person holds the collateral asset allocation it yourself to handle in regards to limit service in which parties are obliged not to make or improper implementation of obligations;

6. Monitor, check the process of property in case of getting a mortgage by property formation in the future;

7. Request to handle the collateral as defined in Article 355 or paragraph 3 Article 324 of the code and payment priority.

Cancellation of the mortgage property. The property may be abandoned if the parties get a mortgage agreed, unless the law otherwise. Termination of mortgage assets. The property terminated in the following cases:


1. The obligation secured by the mortgage terminated;

2. The property is abandoned or replaced by another guarantee remedies;

3. Collateral has been processed;

4. By agreement of the parties.





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