抵押权物上代位初探

Study on the Subrogation of Mortgage Right

抵押权是典型的担保物权,就性质而言,担保物权具有不可分性、从属性和物上代位性,抵押权同样具有上述三种特性。抵押权物上代位主要涉及到抵押权物上代位的性质、物上代位的实现条件以及代位物的范围。抵押权人在抵押财产发生损毁、灭失或被征用的情形,同时有代位物存在和代位物为抵押人所有的情况下就能够实现抵押权的物上代位,这对抵押权人权益的保护有重要意义。

Mortgage right is a typical security interests for the latter has three natures, i.e. indivisible, subordinated, subrogated. Mortgage right has the same characteristics of the three. Subrogation of mortgage right mainly involves the nature of subrogation, conditions of subrogation, as well as the scope of substitutes. When the mortgaged property is damaged, collected, losses or disappears, the subrogation of mortgage right can still be realized as long as the subrogated property exists and is owned by the mortgagor. This will be of great significance to safeguard the benefit of the owner of mortgaged property.