强制执行与抵押权效力冲突之解决

The Settlement of the Conflict between EnforcedImplementation and Mortgage Right Effect

强制执行与抵押权效力的冲突可具体分为两种类型:一为金钱债权强制执行与抵押权效力的冲突,另一为非金钱债权强制执行与抵押权效力的冲突。为解决二者的冲突,司法实务中应明确具体的分配程序;相关的制度,如假处分登记、第三人异议之诉,也应被立法所采纳。

The conflict between the enforced implementation and the mortgage right can be divided into two types: one is the conflict between the enforced implementation of the money creditors right and the mortgage right effect, and the other is the conflict between the enforced implementation of the nonmoney creditors right and the mortgage right effect. In order to settle these conflicts, the specific procedures of allocation ought to be clarified in the law practice, and such relevant regulations as pseudopunishment registration and the lawsuit by the third person should also be adopted in legislation.