债权物权化对金融债权的影响——基于租赁权优先效力的视角

金融债权最有利的保障是抵押权,抵押权是我国民法中典型的物权。而近年来,民法中的债权物权化使得特定债权有对抗物权的效力。为进一步揭示债权物权化对金融债权的影响,文章首先分析了债权物权化形成的背景,通过案例分析解释债权物权化对金融债权的影响,并就如何消除债权物权化对金融债权的负面影响提出相应举措和制度建议。

Creditor＇s Rights into Effect on the Real Right Tendency of Creditor＇s Right -- Based on the Perspective of Leasing

The most advantageous safeguard for the financial claim is the mortgage, which is a typical right in the civil right in the continental law system. The real right tendency of creditor＇s right in modern civil law makes specific creditor＇s right have the efficacy to act against the validity of the real right, that is the real right tendency of creditor＇s right has made a great impact on the financial claim. However, according to the information I got from the staff members of a financial institution, the financial institutions do not pay enough attention to the effect of the real right tendency of creditor＇s right, and fail to take the effective measures. This article from the perspective of the priority validity of leases discusses the effect of the real right tendency of creditor＇s right on the financial claim, tries to put forward the corresponding measures in the current system of law, and issues recommendations on the system construction.