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抵押权,是指债务人或第三人,向债权人提供一定的财产作为抵押物,用以担保债务的履行,债务人不履行债务的,债权人依照法律的规定,以抵押物折价或者以变卖抵押物的价款,优先得到偿还的权利。 抵押杈作为典型的担保物权,其实质和作用在于担保物的价值形态。这种担保效力可靠,并且能够充分发挥财产的作用,是被广泛运用的担保形式。我国民法通则和有关法规对抵押担保虽都作出了规定,但对抵押权的效力没有具体规定,笔者就此谈点探讨性的意见。
Mortgage, refers to the debtor or a third party, to the creditor to provide certain property as a collateral to guarantee the performance of the debt, the debtor fails to perform the debt, the creditor in accordance with the law, the collateral is discounted or the proceeds of the sale of collateral , Give priority to get the right to repay. As a typical security interest, the real and effective part of the mortgage is the value form of the security. This guarantee is reliable and can give full play to the role of property and is widely used as a form of security. Although China's general rules of civil law and relevant laws and regulations on mortgage guarantees have made provisions, but the effectiveness of the mortgage is not specifically defined, the author talk about sexual opinions.