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近年来,随着农信社信贷风险防范意识不断增强,在信贷营销中强化了抵、质押担保方式贷款的比重。然而,我们在办理担保贷款业务时,因未能准确把握和意识到担保权和其他权利可能存在竞合的问题,且自身操作存在瑕疵,给了一些不诚信的客户以可乘之机,致使担保权利落空,信贷资产遭受严重损失。因此,正确把握法律、法规关于担保权与其他权利竞合的处理规则,有效防范其中的法律风险,保证授信资产安全,这是农信社信贷人员应关注的重点。本期以担保物权中最具代表性的抵押权为例,分析了在银行业务中抵押权与其他权利可能存在冲突的几种较为常见的情况,并通过具体案例对各种情况下权利冲突的解决方式和风险防范对策进行了探讨,期望对提升农信社资产管理业务能力有所帮助。
In recent years, with the increasing awareness of RCCs’ credit risk prevention, the proportion of loans secured by collateral and pledges in credit marketing has been strengthened. However, when handling the secured loan business, we failed to accurately grasp and realize the potential competition between the security rights and other rights, and the flaws in our own operations gave some dishonest customers an opportunity to take advantage of The security right lapsed and the credit assets suffered a serious loss. Therefore, correctly grasp the laws and regulations dealing with the co-operation of security rights and other rights, effectively prevent the legal risks and ensure the safety of credit assets. This is the key point that RCCs’ credit officers should pay attention to. This article takes the most representative mortgage right in the security real right as an example to analyze several common cases that the mortgage and other rights may conflict in the banking business and analyzes the rights conflicts Solution and risk prevention measures were discussed, expecting to improve the ability of RCCs assets management business help.