房地产抵押权的实行与相关权利的协调

房地产抵押权的实行是房地产抵押权效力的最终体现 ,但在其实行过程中往往需要与已存在的其他相关权利进行协调。债权人应先实行房地产抵押权 ,只有在抵押物拍卖后仍不足以清偿债务时才享有对债务人其他财产的求偿权 ,亦即应采取先行主义。房地产抵押权的实行要受在先存在的优先权与租赁权的制约。房地产抵押权的实行也不得对抗国家受益权。

Implementation of the Hypothec of the Real Estate and Coordination of the Relevant Rights

The implementation of the hypothec of the real estate is the final embodiment that the hypothec of the real estate rendered a service,but often need to coordinate with other relevant rights that have already existed while it implements.The creditor should implement the hypothec of the real estate first the ones that only enjoyed to other propety of the debtor when it is not yet enough to clear up the debt after the mortgage is auctioned asked the right of repaying,that is to say that should adopt the doctrine of going ahead of the rest.The implementation of the hypothec of the real estate should be limited by priority and leasehold that formerly exist.The implementation of the hypothec of the real estate can't oppose national benefited right either.