摘要
抵押权为他物权,当抵押权与所有权因发生混同而归属一人时,抵押权并不必然消灭,所有人抵押权的权利人可基于其先次序的抵押权对抗后次序的抵押权人。我国民法应承认所有人抵押权这一制度,并通过立法予以规范和完善。
The right of mortgage is right in a thing under the control of another. It doesn't exterminate certainly when right of mortgage and ownership belong to one person because of the two rights becoming confusion. The holder of mortgage of owner can resist late holder of right of mortgage based on his post right of mortgage of owner. This system of mortgage of owner should be accepted in Chinese civil law, and be standardized and perfected by legislation.
出处
《江西财经大学学报》
2004年第1期64-67,共4页
Journal of Jiangxi University of Finance and Economics
