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为了担保债权而设立的抵押权,已为我国民法通则所确认并作了规定。最高人民法院“关于贯彻执行《中华人民共和国民法通则》若干问题的意见(试行)(以下简称《意见》)”还作了解释。正如一些法学界同志所指出的,由于条文太原则、太抽象,同时,又缺乏一项公示和登记制度,从而使财产抵押人在该财产上的权利受到限制,致使在审判实践中出现了种种难以解决的问题,值得我们提出来加以探讨。
The mortgage set up for the purpose of guaranteeing creditor's rights has been confirmed and stipulated in the general rules of civil law in our country. Opinions of the Supreme People's Court on Several Issues Concerning the Implementation of the General Principles of Civil Law of the People's Republic of China (Trial) (hereinafter referred to as “Opinions”) were also explained. As some comrades in jurisprudence point out, it is too abstract because of the doctrine of the Taiwanese. At the same time, there is a lack of a public announcement and registration system that limits the rights of property mortgagors over the property, resulting in the emergence of various kinds of trial practices Difficult to solve the problem, it is worth to raise our discussion.