中华人民共和国担保法（二）

ot keep the pledgings properly so that the pledgings are extinct or damaged， the pledgee shall bear the civil liability.

　　If the pledgee cannot keep the pledgings properly which probably cause the extinction or damage of the pledgings， the pledgor may demand the pledgee to have the pledgings to be deposited， or demand to satisfy the obligatory right before the date of expiration in order that the pledgings can be returned.

　　Article 70 If there is a probability of damage of or obvious deduction of the value of the pledgings that is enough to hurt the rights of the pledgee， the pledgee may demand the pledgor to offer the relevant guarantee. If the pledgor does not offer the guarantee， the pledgee may auction or sell the pledgings， and make an agreement with the pledgor that the value amount obtained from the auction or sale is used to satisfy the obligatory right guaranteed before the date of expiration or to be deposited to the third party whom he agrees with the pledgor.

　　Article 71 At the date of expiration of the debt performance time limitation if the debtor has performed the debt， or the pledgor has satisfied the obligatory right guaranteed before the date of expiration， the pledgee shall return the pledgings.

　　At the date of expiration of the debt performance time limitation if the pledgee has not been satisfied， he may make an agreement with the pledgor to keep the pledgings to offset， or to auction， sell the pledgings.

　　After the pledgings are kept to offset or auctioned， sold， the part that the value amount exceeds the amount of the obligatory right shall be owned by the pledgor， the short part shall be satisfied by the debtor.

　　Article 72 The third party who offers the guarantee of a pledge on behalf of the debtor shall， after the realization of the pledge by the pledgee， be entitled to have right to claim repayment from the debtor.

　　Article 73 The right of the pledge extinguishes with the extinction of the pledgings. The compensation for the extinction shall be as the pledged property.

　　Article 74 The pledge shall be existed simultaneously with the obligatory

right it guarantees， where the obligatory right is extinct， the pledge is extinct as well.

　　Section 2 Pledge of Rights

　　Article 75 The following rights may be pledged：

　　1. a bill of exchange， check， promissory note， bond， deposit receipt， bill of lading or warehouse receipt；

　　2. the share or share paper which may be assigned according to the law；

　　3. the property right of the exclusive right to use trademark， patent right， copyright which may be assigned according to the law； or

　　4. other rights which may be pledged according to the law；

　　Article 76 Where the bill of exchange， check， promissory note， bond， deposit receipt， bill of lading or ware house receipt is to be pledged， the right voucher shall be delivered to the pledgee within the time limitation agreed in the contract. The pledge contract shall be effective from the date of delivery of the right voucher.

　　Article 77 Where the bill of exchange， check， promissory note， bond， deposit receipt， bill of lading or ware house receipt with clear record of the date of cashing or delivery of the goods is to be pledged， if the date of cashing or delivery of the goods is before expiration of the debt performance time period， the pledgee may make a cashing or delivery of the goods before the date of expiration of the debt performance time period， and make an agreement with the pledgor that the value amount cashed or the goods delivered is to be used to satisfy the obligatory right guaranteed before the date of expiration or to be deposited to the third party he agrees with the pledgee.

　　Article 78 Where the share paper that may be assigned according to the law is to be pledged， the pledgor and the pledgee shall enter into a written contract， and go through the pledge registration to the security registration institution. The pledge contract shall be effective as the date of registration.

　　After the share paper is pledged， it shall not be assigned， however it may be assigned with the agreement between the pledgor and the pledgee. The value amount obtained from the assignment of the shares by the pledgor shall be used to satisfy the pledgee the obligatory right guaranteed before the date of expiration or to be deposited to the third party he agrees with the pledgee.

　　Where the shares of a limited liability corporation are to be pledged， it shall be applied to the concerned provisions of the Corporation Law on the assignment of shares. The pledge contract shall be effective as the date of recording the pledge of the shares in the shareholders' name list.

　　Article 79 Where the property right of the exclusive right to use trademark， patent right or copyright which may be assigned according to the law is to be pledged， the pledgor and the pledgee shall enter into a written contract， and go through the pledge registration to its administration department. The pledge contract shall be effective as of the date of registration.

　　Article 80 After the right prescribed in Article 79 is pledged， the pledgor shall not assign or permit others to use them， however it may be assigned with the agreement between the pledgor and the pledgee. The assignment fee， permission fee obtained by the pledgor shall be used to satisfy the obligatory right of the pledgee guaranteed before the date of expiration or to be deposited to the third party he agrees with the pledgee.

　　Article 81 The pledge of rights shall， besides that it is applied to the provisions of this section， be applied to other provisions of Section 1 in this Chapter.

　　Chapter V Lien

　　Article 82 The lien prescribed in this Law means that， according to the provisions of Article 84 in this Law， the creditor possess the property of the debtor according to the agreement of the contract， if the debtor does not perform the debt pursuant to the time limitation agreed in the contract， the creditor shall be entitl

ed to have right to have a lien on the said property according to this Law， to keep the said property to offset or have priority in satisfying for the claim out of proceeds from the value amount of the auction， sale of the said property.

　　Article 83 The guaranteed scope of a lien shall conclude the master obligatory right and its interest， contractual fine， damage compensation， expense for keeping the subject with a lien and expense for realization of the right of lien.

　　Article 84 As for the obligatory right occurred with the contract of safekeeping， contract of carriage or contract for processing work， if the debtor does not perform the debt， the creditor shall be entitled to have a lien on it.

　　Other contracts in which a lien may be agreed prescribed by the laws， shall be applied to the provisions of the proceeding paragraph.

　　The parties may agree in the contract the subject that shall not be had with a lien.

　　Article 85 If the property with a lien is separable， the value of the subject with a lien shall be equal to the amount of the debt.

　　Article 86 The lien or shall bear the obligation to keep the subject with a lien properly. If he does not keep the subject with a lien properly so that the subject with a lien is extinct or damaged， the lien or shall bear the civil liability.

　　Article 87 The creditor and the debtor shall agree in the contract that， after the creditor has a lien on the property， the debtor shall perform the debt within the time limitation that shall not be less than 2 months. If the creditor and the debtor have not agreed in the contract， after the creditor has a lien on the property of the debtor， he shall determine a time limitation of more than 2 months， inform the debtor to perform the debt within the said time limitation.

　　If the debtor does not perform the debt yet at the date of expiration of the time limitation， the creditor may make an agreement with the debtor to keep the subject with a lien to offset， and may also auction， sell the subject with a lien according to the law.

　　After the subject with a lien is kept to offset or auctioned， sold， the part of which the value amount exceeds the amount of the obligatory right shall be owned by the debtor， the short part shall be satisfied by the debtor.

　　Article 88 The right of lien extinguishes，

　　1. if the obligatory right extinguishes； or

　　2. if the debtor offers guarantee otherwise and it is accepted by the creditor.

　　Chapter VI Deposit

　　Article 89 The parties may agree that one party will pay the deposit to another party as guarantee. After the debtor performs the debt， the deposit shall offset the value amount or be returned. If the party who pays the deposit does not perform the debt， he shall not be entitled to have right to demand the deposit to be returned； if the party who accepts the deposit does not perform the debt， he shall return twice the amount of the deposit.

　　Article 90 The deposit shall be agreed in writing. The parties shall agree the time limitation to pay the deposit in the deposit contract. The deposit contract shall be effective as the date of actual payment of the deposit.

　　Article 91 The amount of the deposit shall be determined by the parties， but shall not exceed 20 percent of the target amount of the master contract.

　　Chapter VII Supplementary Provisions

　　Article 92 The real estate prescribed in this Law indicates the land and the fixtures upon the land such as a house or woods.

　　The movables prescribed in this Law indicates the subjects

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