普通抵押權從屬性之研究

黃淳鈺

中文摘要

抵押權為擔保物權,既為擔保債權而存在,故從屬於其所擔保之債權,此即抵押權從屬性的起源,然而抵押權從屬性漸漸被緩和,從為將來債權之擔保而設定之抵押權、最高限額抵押權、瑞士的空白擔保、德國土地債務等等,抵押權從屬性或者被緩和、或者遭破棄,顯示出對於抵押權從屬性之要求,已日趨舒緩。

 

The Study on The Subordinate Realation of Hypothec

Gloria Hwang

abstract

Hypothec is a kind of Real rights for security.Since the purpose of mortgage is to make sure that the will be practiced,it is the side right which related to the loan,and that is the origin of collateral character of mortgage.However,the importance of this character is mitigated gradually.WE can tell this trend by the mortagage for future debt,Neteitou ,Civil code Art. 814 in Switzerland and the land-related debt in Germany.This character is either mitigated or abandoned,and it means the demand for this collateral chacter of mortgage is getting less and less.