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抵押权自登记时设立。When hypothec is registered oneself establish.

第二部分为抵押权实现的比较考察。The second part is about the comparative review of realization of hypothec.

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抵押权实现是抵押权制度的核心内容之一。The realization of hypothec is one of the core contents of hypnotherapy system.

以权利为标的设定抵押权,迄今已有十分久远的历史。Regard right as the settlement hypothec marked, has already had very remote history so far.

第一部分为我国抵押权实现的现状分析。The first part is about the analysis of present situation of realization of hypothec in China.

第四部分是本文的主体部分,提出了建立我国侵害抵押权救济制度的构想。There are great influence and value for us to learn how to perfect China's remedy system on the hypothec right.

文章从抵押权的基本涵义开始,首先对抵押权实现的前提性内容进行论述。How to make the hypothec fulfillment process more flexible and effective is the purpose of my writing this essay.

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第二章是对抵押权实现的域外视角考察。Chapter three analyzes the format of hypothec fulfillment approaches, which is one of the chief parts of the thesis.

抵押权素有“担保之王”的美誉,其在经济发展中具有十分重要的作用。Hypothec fulfillment is the crucial part of hypothec system as well as the fundamental purpose of mortgage guarantee.

房地产抵押权的实行要受在先存在的优先权与租赁权的制约。The implementation of the hypothec of the real estate should be limited by priority and leasehold that formerly exist.

抵押权实现是抵押制度的核心,实践中大多数抵押权都是通过公力实现方式得到保障。The implement of hypothec is the core of hypothec system. In practice, the majority of hypothec is safeguarded by public implement.

知识产权作为抵押权的标的,符合现代物权法定原则的发展趋势。It's well in the trend of statutory principle of modern property law to treat intellectual property rights as subject matters of hypothec.

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此时各担保物权的效力顺序以及其与抵押权的关系,就成为作者讨论的重点。The effect order of every real right of pledge and its relation with hypothec at this moment, become the focal point that the author discusses.

以自然资源用益物权为客体设定的权利抵押权体系,受到自然资源用益物权的直接影响。The hypothec system whose object is usufructuary rights of natural resources has been influenced directly by usufructuary rights of natural resources.

抵押权制度起源于古罗马法,其经历了一个漫长的发展过程,而终于奠定了今天的“担保之王”的地位。The hypothec system originated from the ancient Rome law and has experienced a long process of development, so as to get the status of "king of guarantee".

分析了住房抵押贷款债权债务关系变动引起的抵押关系变动和抵押权的行使问题。Then the changes of mortgage relations and the problems on exercising hypothec arising from the changes of the housing mortgage loan obligation relations are analyzed.

法定抵押权是工程竣工以后而发包人未支付工程款,承包人可以催告发包人在合理期限内支付价款,发包人逾期不支付的,承包人根据法律规定而直接取得的抵押权。The law of contract in our country stipulates the legal hypothec of construction project contractor, but doesn t define the conflict between the legal hypothec and the normal hypothec.

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本文主要探讨了抵押依法成立后,对抵押人行为所产生的限制和对抵押权人权利的保护等法律效力问题。The thesis discusses the legal efficacy of the limitation to the mortgager and the protection to the right of the person holding the hypothec after the mortgage is set up according to law.

抵押权制度作为罗马法以来近现代各国民法中最重要的物权担保制度,素有“担保物权之王冠”的美誉。As the most significant real rights guarantee system in civil law of every nation since the Roman law, hypothec habitually possesses the good reputation of the king of real rights guaranty.

我国立法尚未对抵押权证券化做出具体规定,抵押权证券化即是将抵押权制成抵押证券,使之可以发行流通转让,具有投资融资抵押功能。Our country has not regulated the securitization of hypothec right specifically, it refers that hypothec mortgage securities can be circulated, having financing mortgage function of investment.