论破产程序对担保物权优先性的限制

担保物权的优先性在民法中不可质疑,但在破产程序中,尤其在破产重整程序中则受到诸多限制.这种限制系破产程序本身的特点所决定,同时也是破产法立法价值嬗变的结果.基于利益衡平原则,对担保物权优先性的限制必须合理,我国这方面的立法尚存在诸多缺陷,有待进一步完善.

A Study on Restriction on Priority of Secured Creditor during the Bankruptcy Proceeding

Although the priority of a security interest is fully recognized in civil law, it is not necessarily the case in the insolvency law, especially during the reorganization process in that some restrictions may be allowed to impose upon the priority. The dwarfed priority may account for the nature of bankruptcy proceedings, and these restrictions are construed to be a result of legal value evolution in the bankruptcy legislation. However, any restriction imposed on the priority must be reasonable pursuant to the doctrine of balance of interest. As far as this respect is concerned, Chinese bankruptcy law has many deficiencies yet to be resolved.