一般债权作为质押标的可操作性的探讨

一般债权作为质押标的有其存在合理性和合法性,且允许转让.其条件是设定质押的债权必须具有可转让性;必须通知原债务人.为主债权清偿期已到,入质债权清偿期未至时,质权人只能首先向其债务人要求清偿.质权的行使仍需等到作为质押标的的一般债权届满方可.第三债权人可直接向第三债务人要求偿债,按物权优于债权原则,质权应首先得到实现.

Probing into the Practicability of General Obligatory Right as the Subject-matter of Mortgage

General obligatory right as the subject-matter of mortgage exists rationally and lawfully and is permitted to be transferred. The condition is that the obligatory right as mortgage must have transferability and that the original debtor must be informed of. When the liquidation term of primary obligatory right expires and before the liquidation term of obligatory right as mortgage expires, the pawnee can only ask the debtor to pay off the debt at first. The mortgage will be performed until the general obligatory right as the subject-matter of mortgage expires. The third creditor can directly ask the third debtor to pay off the debt. According to the principle that the right of property is prior to the obligatory right, mortgage should firstly be achieved.