抵押登记的实质

Essence of Mortgage Registration

抵押登记,在我国是作为抵押合同的生效条件未规定的,并且一直表述为抵押物登记。这种立法设定带来了许多弊端, 抵押登记只是物权变动的必要前提,而不应作为合同债权成立的必要条件,同时,抵押登记是权利的登记而不是物的登记。

Mortgage registration, which is not prescribed in mortgage contractor, can be expressed as registration of estate under mortgage. This kind of legislation has many drawbacks. This article draws a conclusion by analyzing the essence of mortgage registration. That is, mortgage registration is only the premise of the shift of right in rem and it is not necessarily the condition of credit contractor. Meanwhile, mortgage registration is the registration of right not of estate.