
法律英语每日阅读
To create mortgage, the parties shall enter into a mortgage contract in a written form.
The mortgage contract shall generally include the following clauses:
(1) The type and amount of the secured claim.
(2) The term for the debtor to perform the obligation.
(3) The name, quality and other information of the mortgaged property.
(4) The scope of security.
设立抵押权,当事人应当采用书面形式订立抵押合同。
抵押合同一般包括下列条款:
(一)被担保债权的种类和数额;
(二)债务人履行债务的期限;
(三)抵押财产的名称、数量等情况;
(四)担保的范围。
Where a movable is mortgaged, mortgage is created at the time when the mortgage contract becomes valid; and if it is not registered, it shall not be set up against a bona fide third party.
以动产抵押的,抵押权自抵押合同生效时设立;未经登记,不得对抗善意第三人。