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涤除权制度是为了进一步规范抵押物而设计的一种制度,其主要目的是为了让抵押物受让人获得受让物完整所有权。该制度从起源发展至今经过很多国家的改良,改良之后的涤除权制度更加缓和,有效促进了抵押权人以及抵押物受让人之间的利益平衡。与其他的抵押制度相比较,涤除权制度大大增加了抵押权消灭的可能性,同时也有效促进了抵押物的流通。我国的涤除权制度是将《物权法》当中的一些规定当作涤除权制度,长期以来,我国主要强调对抵押权人的保护,一定程度上限制了抵押物的转让,最终导致抵押权人以及抵押物受让人之间的利益出现失衡现状,不仅阻碍了物品的流通,同时也使得很多物体不能够发挥其应有的使用价值。为此,本文认为需要完善涤除权制度的平衡机制,有效促进该制度的发展。
The system of de-escaping is a system designed to further regulate the collateral, the main purpose of which is to allow the assignee of the collateral access to complete ownership of the assignee. Since the system was developed from its origins, it has been improved by many countries so far. The improved system for the right of decongestion further eases the interest balance between the mortgagee and the assignee of the mortgage. Compared with other mortgage systems, the system of demurralization greatly increases the possibility of extinguishing mortgages, and also effectively promotes the circulation of collateral. For a long time, our country mainly emphasizes the protection of the mortgagee, restricting the transfer of the mortgaged property to a certain extent, which eventually leads to the mortgagee and the mortgage The imbalance between the interests of the assignee and the assignee has not only hindered the circulation of goods, but also prevented many objects from exerting their due usages. Therefore, this paper believes that we need to improve the balance mechanism of the system of the right of removal and effectively promote the development of the system.