论文部分内容阅读
当今社会,担保物权具有较好的融资功能,可以使企业顺利获取生产经营所需资金;担保物权也可以发挥物的最大效用,达到“物尽其用”的目的;同时,担保物权也对债权人的债权加以担保,以保障社会交易的安全与稳定。正是基于此,实践中易产生担保物权竞合的现象,而在担保物权发生竞合时确定其优先效力顺序就显得尤为重要。文章拟从三部分探讨担保物权竞合问题,通过对担保物权竞合时冲突解决的分析,有益于担保物权担保功能的更好发挥,从而促进我国社会主义市场经济的发展。
In today’s society, the security interest has a good financing function, which enables the enterprise to obtain the funds needed for production and operation smoothly. The security interest can also maximize the utility of the property and achieve the goal of “making the best use of the property”. Meanwhile, the guarantee Property rights also guarantee the claims of creditors so as to ensure the safety and stability of social transactions. It is precisely based on this that in practice it is easy to generate competing interests, and it is particularly important to determine the order of priority when competing interests are competing. The article intends to explore the co-opetition of security interests from three parts. Through the analysis of the conflict resolution when competing security rights are competing, it is beneficial to guarantee the function of security of real right to play better so as to promote the development of our socialist market economy.