试论抵押权的证券化

On the Securitization of Hypothec Right

我国立法尚未对抵押权证券化做出具体规定,抵押权证券化即是将抵押权制成抵押证券,使之可以发行流通转让,具有投资融资抵押功能。抵押权证券化是德国物权法上一项很有特色的制度。我国抵押权证券化的制度可以抵押权具有流通性。

<Abstrcat> Our country has not regulated the securitization of hypothec right specifically, it refers that hypothec mortgage securities can be circulated, having financing mortgage function of investment. It is a very characteristic system of Germany's property right law. The securitization of hypothec right system of our country can be set up basing on the theoretical foundation of the hypothec circulation, civil right securitization is inevitable to economic society and six relations of it for concrete system design.