民事活动与调解程序中担保物权并存之处理

Dealing with Coexistence of Security Interest in Civil Activities and Conciliation Proceeding

同一财产在诉讼调解程序中设立了担保物权后,应禁止在其他民事活动中再设立担保物权。但如果民事活动中设立的担保物权在先,则应允许在调解程序中再次设立担保物权。对于此种担保物权并存时之强制执行顺序,可参照适用民法中的有关处理规则。

After acting as security in conciliation proceeding, a piece of property should be forbidden to serve as security again in other civil activities. However, if security interest in civil activities is established earlier, it should be permitted to establish security interest again in conciliation proceeding： Execution of the coexistent security interests may refer to relevant rules in civil law.