民事优先权的冲突与规制

CONFLICTS AND REGULATIONS OF CIVIL PRIVILEGE

当同一财产上存在着数个民事优先权,或者民事优先权与其他担保物权发生竞合时,就会产生效力冲突。未来的民法立法应当充分考虑民事优先权的冲突情况,以“以人为本”、兼顾公平与效率等原则为指导,合理地协调不同权利人的利益,以期实现个人利益之间的平衡以及个人利益与社会公共利益之间的平衡。

When there are lots of civil privileges in the same property or the civil privilege and the rights of other guarantees contradict, there may be conflicts of effects. The future legislation of the civil law should fully consider the conflict of civil privilege, rationally considering the benefit of the persons with different rights by means of “regarding man as the main factor” under the guidance of the principles of justice and efficiency so as to realize the balance between individual benefits and the balance between individual benefits and social common benefits.