《物权法》第191规定,无论抵押物是否登记其转让都须经抵押权人同意,且仅以替代清偿作为解除抵押权人同意的条件。随着《物权法》的实施,该规定的不足之处日趋明显,理论界和实务界对该规定的非议也日益增多。但若我国能引入涤除制度,明确规定抵押权追及力和赋予受让人涤除权,则相关弊端得以弥补,当事人之间利益得以平衡,交易安全得以维护,社会经济得以良好发展。 Section 191 of the Property Law provides that the consent of the mortgagee, regardless of whether the collateral is registered or not, should be replaced only by the alternative mortgage as a condition of the consent of the mortgagee. With the implementation of “Property Law”, the inadequacies of this provision have become increasingly obvious. The criticisms of this provision by theorists and practitioners have also been increasing. However, if China can introduce a system of clean-up, specify the chase of mortgage rights and give the transferee the right of removal, the related drawbacks will be remedied, the interests among the parties will be balanced, the transaction security will be maintained, and the social economy will develop well.