论担保物权的竞存及顺位-民商法学专业论文.docxVIP

3 3 的问题，本文对此也进行了一定程度的探讨。 关键词： 竞存 顺位 担保物权 利益衡量 PAGE PAGE 1 Abstract With the development of China’s market economy, there are increasingly more and more debt relationships in every social aspect. Struggling for the realization of debt rights has become an obvious character in the history of legal development. Many a creditor set up collateral rights on the same real property, resulting in the competitive exists of real rights for security. Under such circumstances, it has great significance to research the sequences of different collateral real rights because it relates to the extent to which people can realize their rights. However, the “real right law” and the “security law” and the relevant judicial interpretation have very simple regulations on this issue, which cannot meet the legal practice，in addition, it is also lack of systematic research of the issue in academe of our country. This paper research the competitive existence and the sequence of real rights for security in a comparative measure, systematic measure and balancing of interest measure, in the purpose of further perfecting the relevant legal system, reasonably normalizing the sequence of real rights for security, and playing its role in promoting economic development and stabling economic order. This paper has the following three parts besides the preliminary remarks: To research this question, first I’ll define the so-called competitive existence of several real rights for security.I hereby use “competitive existence” to distinguish concurrence and “co-existence”, and on that basis this paper researches the condition on which real rights for security exit competitively. Only on the relevant conditions do have the competitive existence of real right for security and its corresponding sequence question. To ascertain the sequence of real rights for security, we should combine the interpretation science of civil law, interest-balancing method, and the basic principle of real rights for security. Or