未生效的抵押合同是否受法律保护,直接影响到对以登记为生效要件而未登记的抵押合同纠纷的处理。本文从法律、法规及司法解释入手,结合案例对该问题进行深入剖析,认为上述抵押合同虽尚未生效,但依法成立即受法律保护;抵押权人享有抵押登记请求权;抵押人拒不履行抵押登记义务应承担违约责任而非缔约过失责任。建立抵押登记请求权制度对于保护当事人之权益及维护抵押登记制度本身,均具有重要意义。 Whether the unsecured mortgage contract is legally protected directly affects the handling of disputes over mortgage contracts that have not been registered with the registration requirements in force. Starting from the legal, legal and judicial interpretations, this article analyzes the problem in combination with the case, and considers that the above mortgage contract has not yet entered into force, but is protected by law when it is established according to law; the mortgagee has the right to claim for mortgage registration; the mortgagor refuses to perform the mortgage registration Obligation should bear the liability for breach of contract rather than contracting fault liability. The establishment of the mortgage registration right system is of great significance for the protection of the rights of the parties and the maintenance of the mortgage registration system itself.