Does the mortgage of civil code transfer with ownership?

According to the provisions of the Civil Code, neither pledge nor mortgage can stipulate the transfer of the ownership of the subject matter during the guarantee period, but the ownership of the subject matter can be transferred when the mortgage or pledge is exercised.

Legal basis: Article 40 1 of the Civil Code of People's Republic of China (PRC)? The mortgagee and the mortgagor agreed that if the debtor fails to perform the due debt before the maturity of the debt, if the collateral belongs to the creditor, it can only be paid in priority according to law.

Article 410 of the Civil Code of People's Republic of China (PRC) * * * If the debtor fails to perform the due debt or realize the mortgage right according to the agreement of the parties, the mortgagee may agree with the mortgagor to discount the mortgaged property or give priority to compensation with the price of auction or sale of the mortgaged property. If the agreement harms the interests of other creditors, other creditors may request the people's court to cancel the agreement.

If the mortgagee and the mortgagor cannot reach an agreement on the way to realize the mortgage, the mortgagee may request the people's court to auction or sell the mortgaged property.

Where the mortgaged property is discounted or sold, it shall refer to the market price.

Article 428 of the General Principles of Civil Law of People's Republic of China (PRC) * * * The pledgee and the pledger agree that when the debtor fails to perform the due debts before the expiration of the debt performance period, if the pledged property belongs to the creditor, it can only be paid in priority according to law.

Article 436 of the Civil Code of People's Republic of China (PRC) If the debtor performs the debt or the pledger pays off the secured creditor's rights in advance, the pledgee shall return the pledged property.

According to the agreement of the parties, if the debtor fails to perform the due debts or realize the pledge, the pledgee may agree with the pledgor to discount or give priority to the payment with the proceeds from auction or sale of the pledged property.

Where the pledged property is discounted or sold, it shall refer to the market price.