抵押物转让制度重构

Reconstruction of the Pawn Transfer System

抵押期间抵押物的转让涉及到抵押人、抵押权人和第三买受人的利益,三者利益的衡平问题,一直是国内外学者争论的焦点。文章在肯定抵押物自由转让的基础上,从抵押权追及力产生的基础及动产和不动产的不同公示制度出发,拟建立基于民法诚实信用原则,以抵押权追及力为中心的平衡三者利益的抵押物转让制度。

During the mortgage term, the transfer of pawn involves the interests among the mortgagor, the mortgagee and the buyer. The balance of interests has been the focus of debate among scholars at home and abroad. Based on free transfers mortgaged affirmation and on the basis of the mortgagee and the force, which is generated from the foundation of the realty and movable, the paper aimed at establishing the system of the pawn transfer by hypothec after and force as the center, which is based on the principle of honesty and credit to balance the interests among the three.