试论买卖抵押物的法律调整

抵押是一项重要的法律行为,抵押物的买卖是一个值得关注的实际问题。抵押物的买卖涉及三方的利益,法律对此的调整因此变得非常复杂。我国现有的法律规范之间相互时有冲突,同时明显不够明确完整。正在制定中的《物权法》参考了国外相关立法,但亦有不足之处。

Legal Regulation of the Treatment of the Mortgaged Property

Mortgage is a legal action of great importance, and the treatment of the mortgaged property is a real problem deserving our concern. The treatment of the mortgaged property involves three parties' interests and therefore, legal regulation of this problem becomes very complex. Current rules in China are not only sometimes in conflict with each other, but obviously lacking definition. Law of Real Right under enacting also has its own defects though it has been drafted on the basis of foreign countries' counterparts.