银行债权纠纷诉讼中,法院在审判实践中不少法院常以未经国有资产管理部门审批为由,判决以国有企业财产作抵押的《抵押合同》无效。其法律理由是《福建省抵押贷款条例》第10条之规定,“全民所有制企业、事业单位法人以国家授予其经营管理的财产设定抵押权的,须经同级国有资产管理部门的审查批准。”事实理由是,“这将会造成国有资产的流失”。笔者认为上述理由存在诸多 In the litigation of disputes over bank claims, many courts in trial practice often invalidate the “mortgage contract” with the property of state-owned enterprises as a precondition for failing to approve the state-owned assets management department. The legal reason is “Fujian Provincial Mortgage Loan Ordinance,” the provisions of Article 10, “ownership by the state-owned enterprises, institutions and institutions to grant state-owned assets under its management set mortgage, subject to review by the state-owned assets management department at the same level Approved. ”The reason is that “ This will result in the loss of state assets ”. I think there are many reasons for the above