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抵押担保有“担保之王”的美誉。但抵押权公力救济有诸多的弊端,抵押权人实现抵押权的成本高、时间长,影响了资金融通,破坏了整个社会的借贷信用制度,在一定程度上加剧了社会不稳定因素的出现。流质契约是抵押权人自力救济方式中最主要的方式。对流质契约的解禁可以有力的保护债权人的利益,恢复已经遭到破坏的整个社会的借贷信用制度。
Mortgage guarantee “king of security ” reputation. However, the public relief of mortgage has many drawbacks. The mortgagee’s mortgage cost is high and has a long time, which has affected the financing and destroyed the loan credit system of the whole society, which exacerbated the social instability to a certain extent . The liquidus contract is the most important way of mortgagee self-help relief. The lifting of the ban on the liquidity contract can effectively protect the interests of creditors and restore the credit and credit system of the entire society that has been damaged.