试论优先权在我国物权法上的取舍

Comment on Accepting or Rejecting Priority in Real Law of Our Country

鉴于优先权既不同于普通债权,也与典型担保物权的特性不完全相同,因此可将其定位为准担保物权。我国法律上对优先权的具体规定,可根据客观情况的需要而加以细化和完善,但不宜在物权法上采用将其与典型担保物权并列规定的方式。

Because priority is differ from common creditor＇s right, also is not the same as characteristic of typical real right for security, so we can orientate it quasi- real right for security. We can detail and perfect the concrete regulation of priority in our law according to the need of objective situation, but it is not suitable to adopt the ,mode of apposite regulating it with typical real right for security in real law.