禁止重复抵押的利弊分析与立法的抉择

抵押人为最大限度利用抵押物价值 ,充分实现抵押物融资功能的愿望 ,便出现了重复抵押。因为重复抵押既具有积极因素 ,也具有消极因素 ,所以各国立法对其态度并不一致。我国法律对重复抵押的态度经历了一个从基本肯定到完全否定的过程。禁止重复抵押存在诸多不妥之处 ,为充分发挥抵押在市场经济中的价值功能 ,法律只须规定一些配套措施控制重复抵押的弊端即可。

Advantages and Disadvantages of the Ban on Repetitive Mortgage and its Legislative Measures

Repetitive mortgage comes into being when the pledger wants to make the best use of the value of the pledge and fully realize the financing function of the pledge. As repetitive mortgage has both positive and negative factors, the laws of one country do not accord with those of another. Our laws as regard to repetitive mortgage have experienced a change from basically affirmative to completely negative. In the light of the many drawbacks caused by the ban on repetitive mortgage, and to the end of bringing the value function of mortgage into full play, it is suggested that our legislature should formulate some coordinating measures to offset the disadvantages of repetitive mortgage.