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中华人民共和国民法典上一条 中华人民共和国民法典目录

  第十七章 抵押权
Chapter XVII
  第一节 一般抵押权
Section 1
General Mortgage
  第三百九十四条 为担保债务的履行,债务人或者第三人不转移财产的占有,将该财产抵押给债权人的,债务人不履行到期债务或者发生当事人约定的实现抵押权的情形,债权人有权就该财产优先受偿。
Article 394
Where a debtor or a third person, in order to secure the performance of an obligation, mortgages his property to the creditor without relinquishing the possession of the property, the creditor has priority to be paid from the collateral if the debtor fails to perform his obligation due or an event upon the occurrence of which the security interest in the collateral is to be enforced as agreed by the parties occurs.
The debtor or the third person as specified in the preceding paragraph is the mortgagor, the creditor is the mortgagee, and the collateral mortgaged to secure the claim is the mortgaged property.
  第三百九十五条 债务人或者第三人有权处分的下列财产可以抵押:
Article 395
The following property, which the debtor or a third person is entitled to dispose of, may be mortgaged:
(1) buildings and other things attached to the land;
(2) the right to use a lot of land for construction purposes;
(3) the right to use the sea areas;
(4) production equipment, raw materials, work in process, and finished products;
(5) buildings, vessels, and aircraft under construction;
(6) vehicles for transport; and
(7) any other property not prohibited by laws or administrative regulations from being mortgaged.
A mortgagor may mortgage the property listed in the preceding paragraph concurrently.


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