担保物权性质探究

担保物权兼具物权性和债权性,是一种复杂的综合性财产权,物权的成分多一些,债权的特征少一些。我国《物权法》担保物权编强调了其物权性。未来我国民法典中,可以借鉴《德国民法典》而有所创新,将债的所有的担保方式统一作为一编而规定在总则中,形成统一的债的担保制度。

Researching into the Character of the Security Interest

The security interest is a kind of complicated comprehensive property rights. It contains the characters of the property and claims. Contrary to the right of credit, composition of the property is more. The security in- terest portion of the real right law of the People＇s Republic of China gives more attention to the character of property. In the Civil Code of People~ Republic of China, we can take examples from Civil Code of Germany but to distinguish from its＇rules. We could put every means of Security to the position of General Principles as a unified system to form the security system of debt.