抵押期间若干问题探析

Analysis on Several Questions at the Period of Mortgage

抵押期间既是抵押权人行使抵押权的期间,也是抵押人承担担保责任的期间,它与抵押权存续期间是既有联系又有区别的两个概念。法律规定抵押期间的意旨在于平衡抵押权人与抵押人的利益,充分发挥抵押物之经济效用。文章对《担保法司法解释》第12条12款提出了质疑,并从抵押期间的起算日期、抵押期间的法律性质、抵押期产的具体设计等方面提出具体建议。

The period of mortgage is as well a period in which the mortgagor exercises his rights as the period in which the mortgagee answer for his responsibility.The purpose of this provision is to seek a balance of the interest between the mortgagor and the mortgagee so that the effectiveness of the things pledged can be brought into play.This article gives some concrete suggestions on how to provide the period of mortgage.