共同抵押制度中对物上保证人的救济之道

The Relief System for Mortgagers in the Mortgage System

当物上保证人因为抵押权人行使抵押权而丧失其抵押物时,应当对其加以救济。仅仅赋予物上保证人求偿权或者追偿权是不足以保护其权益的。认为两种权利在发生原因上相同,在一定条件下还会出现两种权利重合的现象,此外两种权利在其设立的主旨、特性、行使的对象、行使的范围方面皆有差异。基于此,有必要规定两种权利,以充分对物上保证人加以救济。

When mortgager loses the mortgaged property while claiming his mortgage right, he or she should be given compensation. Just giving mortgager the claiming right or recoursing right is not enough to protect the mortgager＇s interests. The writer of the paper believes that these two rights have the same causes and sometimes, these two rights are the same in certain conditions. However, these two courses are different in terms of the establishing leitmotiv, the implementing objects and the scopes. In the light of this, it is necessary to regulate these two rights so as to give relief to the mortgager.