What 抵押权 means
A PRC mortgage is a property-law security right, not a personal guarantee. For immovable property, the mortgage is generally created upon registration in the real-estate register. The mortgagor usually remains in possession; the creditor’s priority depends on a valid right and the register, not only on a signed mortgage contract.
Financing, acquisition diligence and enforcement all turn on what was mortgaged, whether it was registered, ranking against other creditors, and whether the asset is a building, a land-use right, or both. A guarantee from a parent company is a different instrument.
Where you see the term
Translation note
抵押权 is “mortgage” or “mortgage right”. Do not translate 保证 (guarantee) or 质权 (pledge) as a mortgage: those are different Civil Code security devices.
Primary legal basis
Primary legal basis
Example
A manufacturer mortgages its industrial land-use right and factory building to a bank. The loan contract is signed, but the mortgage is not yet registered. Diligence and enforcement analysis must treat the unregistered mortgage as incomplete against third parties until the register is updated.
Primary authorities.
18 Sep 2026