Can I sell my car while holding my motorbike driver's license to a pawn shop?
Pursuant to Article 312 Civil Code 2015 Regulations on the rights of the mortgagor are as follows:
Rights of the mortgagee
1. Request the pledgee to stop using the pledged property in the case specified in Clause 3, Article 314 of this Code if, due to use, the pledged property is at risk of losing value or decreasing. value.
2. Request the mortgagee to return the mortgaged property and related documents, if any, when the obligation secured by the mortgage ends.
3. Request the mortgagee to compensate for damage caused to the mortgaged property.
4. To sell, replace, exchange, or donate the mortgaged property if agreed by the mortgagee or according to the provisions of law.
According to regulations, one of the rights of the pledgor is to sell, replace, exchange, or donate the mortgaged property if agreed by the pledgor or according to the provisions of law.
Thus, while holding a motorbike driver's license, the pledgor is allowed to sell the motorbike in case the pledgee agrees or has other regulations allowing the sale of the pledged property in specific cases.
If the pledgee agrees or other relevant laws provide for the pledgor to sell, replace, exchange or donate the mortgaged property, the pledge will terminate from the moment the mortgaged property is given. Establish ownership of the mortgaged property according to the provisions of Article 161 Civil Code 2015, specifically:
Time to establish ownership and other rights to property
1. The time to establish ownership rights and other rights to property shall comply with the provisions of this Code and other relevant laws; In cases where the law does not provide for it, it shall comply with the agreement of the parties; In cases where the law does not stipulate and the parties do not have an agreement, the time of establishing ownership and other rights to property is the time the property is transferred.
The time the property is transferred is the time the obligee or their legal representative takes possession of the property.
2. In case the property has not been transferred but yields and profits arise, the profits and profits belong to the party whose property is transferred, unless otherwise agreed.