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物权法中确立担保物权制度的目的在于保证债权人的债权能够顺利实现,当债务人怠于履行到期债务时,债权人有权将担保物变价拍卖,并以其价款优先受偿。担保物权的优先受偿机能在破产法中得到了很好的体现。担保物权在破产法中的地位主要体现在别除权上,但是在我国新的破产法中,在破产程序中多处体现出了对于担保物权的限制,这与担保物权的优先受偿机制相互冲突。
The purpose of the system of real right of property in property law is to guarantee the creditors’ rights can be smoothly realized. When the debtor lacks fulfillment of the debts due, the obligee has the right to auction the guaranty at a higher price and give priority to repayment of the guaranty. The priority compensation function of security interest has been well represented in the bankruptcy law. The status of the security interest in bankruptcy law is mainly reflected in the right of excuse, but in our country’s new bankruptcy law, many restrictions on the security interest are reflected in the bankruptcy procedure, Mechanisms conflict with each other.