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一、担保合同究竟是物权合同还是债权合同担保合同究竟是物权合同还是债权合同?这是本次沙龙主办方提出的第一个研讨命题。但是,刚才有几位参加本次沙龙的嘉宾提出,不应当将这个题目列为沙龙的讨论内容,因为这个问题是一个伪命题——抵押权和质权属于物权,但设定抵押权、质权的抵押合同和质押合同以及保证合同均属于债权范畴,这在法学界已经没有争议。但我认为,把这个问题作为本次沙龙的研讨内容还是具有相当
First, whether the guarantee contract is a real rights contract or debt guarantee contract is a real right contract or debt contract? This is the salon sponsor put forward the first proposition. However, just now a few guests participating in this salon proposed that this issue should not be listed as a discussion by Sharon because the issue is a false one. The mortgage and pledge belong to real rights. However, Pledge mortgage and pledge contracts as well as the guarantee contract belong to the category of claims, which is no controversy in jurisprudence. However, I think it is quite fair to regard this issue as the content of this salon