论抵押权的独立化运动

The Tendency of Independence of Mortgage Right

抵押权的附随性为抵押的传统属性,但抵押权独立化已成为明显的趋势。在抵押权的独立进程上,可依抵押权独立性由低到高将其分成三种形态,最终抵押权获得完整意义上的独立。抵押权的独立化是经济动因决定的法运动,有客观必然性,我国应跟进。

Subordinate character of mortgage is a traditional feature of civil law, but the independence of mortgage right has become an obvious tendency. During the course of independence, the rights of mortgage can be divided into three forms from higher freedom to lower according to its dependence. At last, the mortgage right gains complete independence. The reform is decided by the economic demands. Our country should conform to the inevitable tendency.