论抵押权顺位的处分问题

On the Sanction of Mortgage Order

抵押权是以不移转抵押物的占有为其鲜明特征的一种优先受偿的权利,所以"一物数押"现象难以避免,这样就产生了抵押权顺位及其处分问题。让与、变更和抛弃是抵押权顺位处分的三种表现形式,三者之间在内容和法律效果上既有联系又有区别,其辨析对现实生活和法律实践均有重要意义。

The mortgage is a priority with the distinctive characteristic of not transferring the possession of collateral, so the phenomenon of ＂one thing mortgaged several times＂ is difficult to avoid, and thus yields the problems of mortgagee order and its sanction. Cession, change and abandon are the three manifestations of mortgagee order sanction, among of which there are both connections and differences in content and legal effect. Discrimination of them is of great significance in reai life and legal practice.