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传统民法将财产区分为动产和不动产,在传统担保制度中,抵押物的范围仅限于不动产,这是因为抵押缺乏物权公示制度,动产抵押会因动产的隐藏转移而使抵押权人根本无法行使抵押权。近代以来,为实现动产的担保功能,随着动产形态的变化和动产登记制度的发展,动产抵押权在各国立法中大抵都得到了承认,但动产作为抵押物的范围仍旧受到很多限制,如德瑞民法典中仅将航空器和船舶等特殊动产作为抵押权的标的;相对来说,日本民法和我国台湾民法可用于抵押的动产范围则广一些;而从我国的《担保法》第34条、第37条和《物权法》第180条、第184条可以看出,我国对设立抵押权的财产除法律明文加以禁止的以外,范围极广,不论是动产、不动产、财产权利均可
The traditional civil law divides the property into movable and immovable property. In the traditional guarantee system, the scope of the mortgage is limited to immovable property. This is because the mortgage lacks the publicity system of property rights and the immovable property mortgage can not enable the mortgagee at all due to the hidden transfer of movable property Mortgage. In recent years, in order to realize the security function of movable property, with the change of movable property form and the development of movable property registration system, the mortgage of movable property has been recognized in almost all countries’ legislation. However, the scope of movable property as a collateral is still subject to many limitations. In the Swiss Civil Code, only special movable assets such as aircraft and ships are the subject of the mortgage right. Relatively speaking, the range of movable property available to Japanese civil law and the civil law of Taiwan in our country is a little wider. From Article 34 of the “Security Law” in our country, Article 37 and Article 180 and Article 184 of the Property Law, it can be seen that except for expressly prohibited by law, our country has a very wide range of assets for the establishment of mortgages, whether movable property, real property or property rights