Traditional Culture Encyclopedia - Traditional stories - Guarantee can be divided into what kinds of
Guarantee can be divided into what kinds of
Legal analysis: the guarantee can be divided into guarantee, mortgage, pledge, lien and deposit. There are two main ways of guarantee, one is a general guarantee; the second is a joint and several guarantee, belonging to the people's insurance; mortgage is divided into movable and immovable property mortgage, belonging to the material security.
Legal basis: "the Chinese people's *** and national code" article 686 of the guarantee includes general guarantee and joint and several liability guarantee. The parties in the guarantee contract on the guarantee mode did not agree or agreement is not clear, in accordance with the general guarantee guarantee liability. Article 394 of the Chinese People's *** and National Codes: If, in order to secure the performance of a debt, the debtor or a third party does not transfer the possession of the property and mortgages the property to the creditor, and if the debtor fails to perform the debt due or the circumstances agreed upon by the parties for the realization of the right of mortgage occur, the creditor has the right to be compensated preferentially for the property. The debtor or a third party under the preceding paragraph is the mortgagor, the creditor is the mortgagee, and the property providing security is the mortgaged property.
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