摘 要:抵押权的设立不需要转移占有,在这种情况下,抵押人就有可能将抵押物转让。我国物权法规定,抵押物转让应经得抵押权人同意。这条规定有极大的不合理之处,阻碍抵押人处分权的行使,不能实现物尽其用,不能较好的保护交易安全。为了找到一条能够平衡各方利益的方式,在经过各方对比之后,应当以允许抵押物的自由转让为前提,并赋予抵押权人追及效力,受让人涤除权,并通过抵押人的权利瑕疵担保责任和登记提存制度等来保护交易安全。40122 毕业论文关键词:抵押物;自由转让;追及力
The mortgaged property transfer
Abstract:The establishment of mortgage is not required to transfer possession. Under this circumstance, mortgagors may transfer guaranty. According to Property Law, the transfer of the mortgaged property must get permit of mortgagee. There is considerably improper place in this rule. Hindering mortgagors' deal right isn't beneficial to turn material resources to good account. It couldn't protect safety of deal either. In order to seek a way to balance reciprocal interest, it's the premise that mortgagors can transfer guaranty freely and entitle mortgagors to question validity after all aspects of contrast. We should premise the free transfer of the mortgaged property. Right of elimination as well as the guaranty of mortgagors' blemish right also should be included. Provide deal safety through registering system of withdrawing and depositing.
Key Words: The mortgaged property;Free transfer;Chase and force
目 录