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抵押物转让制度与抵押权人、抵押人和抵押物受让人三者之间的利益关系息息相关。在抵押物转让过程中,抵押权人与受让人的利益,可能发生许多的冲突。抵押物让与,以及抵押物效力的难题,也是当前各国相关法律要解决的一个焦点。本文通过对我国关于抵押权转让立法演变的的分析,以物尽其用和利益平衡两大理念进行指导,对构建我国抵押物转让体系制度提出了相关的建议。
The system of transfer of collateral is closely related to the relationship between the mortgagee, the mortgagor and the assignee of the mortgage. In the process of the transfer of collateral, the interests of the mortgagee and assignee, many conflicts may occur. The concession of collateral, as well as the problem of the effectiveness of collateral, is also a focus of the current relevant laws in various countries. Based on the analysis of legislation on the transfer of mortgage right in our country, this paper gives guidance to the two concepts of making the best use of the proceeds and the balance of interests, and puts forward some suggestions on the construction of the system of the transfer of the mortgage in China.