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我国《担保法》的实施,为公民和法人、团体的借贷、买卖、货物运输、加工承揽等经济活动中需要以担保方式保障其债权的实现,提供了法律依据和保障形式,对促进资金融通和商品交流,发展社会主义经济,起到十分重要的作用。但是,实施担保法后,一些金融机构和借贷单位把一切债权债务的发生、终止均依赖于抵押物的登记,认为抵押财产只要经指定部门登记就行了,致使一些地方开展多年并且行之有效的借款合同公证停办了。其实,抵押登记与公证的作用是不一样的,前者决不可替代后者。笔者就此谈点粗浅的看法。
The implementation of the “Guarantee Law” in our country provides the legal basis and form of guarantee for the realization of claims of creditors by means of guarantee in the economic activities such as borrowing, buying and selling, freight transportation and processing contract of citizens and legal persons and groups, And commodity exchange, the development of socialist economy, played a very important role. However, after the implementation of the guarantee law, some financial institutions and borrowing units rely on the registration of mortgages for the occurrence and termination of all claims and debts. They believe that the mortgaged property can be registered only for a long time and have been effective for many years in some places Loan contract notarized. In fact, the role of mortgage registration and notarization is not the same, the former must not replace the latter. I talk about the superficial view.