The Difference Between Lien And Pledge

(1) the right of lien to detain a person's property before the creditor's right has not been discharged. Right The right to occupy or detain the movable property is the law. Regulations (limited to safekeeping contract, transportation contract, processing contract and contract for discipline), the lien is a statutory security interest, and the pledge right is generally stipulated by the parties.

(2) the lien holder's possession or detainment of movable property is based on the obligor's obligation to perform the contract as well as the pledgee's possession. Matter It is based on the realization of secured claims.

(3) the realization of lien requires the lien holder to stipulate a certain time limit for the debtor, and notify the debtor to repay the debt within this time limit. When the debtor is not liquidated, the lien holder can dispose of the lien and achieve the creditor's rights. The realization of the pledge is when the creditor's rights have been paid off and not paid off, the pledgee can deliver the pledge after he has notified the quality of the pledge, so that the creditor's rights can be realized, and the time limit for the repayment of debts is not required.

(4) when the lien is occupied by others, it cannot be returned to the original on the basis of the lien claim, and it can only return the original property according to the claim of possession. When the quality is occupied by others, the pledgee may return the pledge according to the right of pledge.

(5) lien is extinguished due to the loss of the lien or the considerable security provided by the debtor; the right of pledge is eliminated when the quality is lost and cannot be refunded.

(6) lien refers to the creditor's possession of the debtor's movable property in accordance with the safekeeping contract, the transportation contract and the processing contract, and the creditor's rights are retained as a creditor's right before the creditor's rights can not be cleared as scheduled. The pledge means that the debtor or the third party transfers the property or rights to the creditor to take possession of the movable property or rights as the guarantee of the creditor's rights.

(7) lien is legal and the parties can not create it arbitrarily, but it allows the parties to agree to exclude the lien; the pledge is created by the parties, and there is no agreement to exclude the pledge.