抵押物转让中买受人权益保护-民法专业论文.docx

2 2 1 1 的原因以及运作情况、物权变动模式与法律传统的差异分析出涤除权制度在我国不适 用，没有必要引进，在动产抵押物转让中可以采用“先代位后追及”的制度构造等。 关键词：抵押物转让；不动产统一登记；动产抵押；涤除权制度；代位权；追及 力 Abstract Mortgage system is a very important guarantee system, which plays a decisive role in the economic activity in the market. In practice, the mortgage system mainly involves the mortgage transfer problem of real estate and chattel. Transfer of mortgage is an action that the mortgagor gives the mortgage ownership to the third person, which is based on their own intention. In other words, the mortgagor can have the legally dispose of the mortgage. In the process of the transfer of mortgage, it will involve the interests of multiple parties. How to protect the interests of the mortgagee and the dispose of the ownership of the mortgagor as well as the transaction security of the buyer needs the legal system. At present, the design of China’s “property law” 191st article on mortgage transfer system is not reasonable. This paper intends to present the current situation towards the mortgage system of our country, and the analysis of transfer system design system about the continental law system countries, like Germany, France and Japan. The author hopes that it will give some inspiration about protecting the buyer’s interests. This paper is divided into three sections. The first section is an analysis on the current problems about mortgage transfer system from China’s “property law” 191st article. In China, the transfer mode of the mortgage is restricted mode that it places restrictions on the transfer of the mortgage. Although there are some reasonable place, but limiting the transfer is not only unnecessary but also there are a lot of disadvantages. The subrogation for liquidation has some drawbacks. The scope of the system is limited. And in China’s “property law” 191st article, the attitude towards it is not very clear. What’s more, there is no specific provision of relief or protection mechanisms about the buyer’s interests’ protection in the