登记的担保权顺位规则研究——以《民法典》第414条分析为中心

登记的担保权顺位规则旨在解决以登记作为公示方式的担保权竞存时的顺位问题,《民法典》第414条构建了以登记为中心的抵押权竞存下的顺位规则,该条具有强大的体系效应和广泛的适用价值,它构建了统一的动产重复抵押的顺位规则,解决了权利重复抵押的顺位规则、抵押权与可以登记的权利质权冲突规则,明确了典型担保与非典型担保之间的顺位关系,并可参照适用于权利质权竞存情形下权利顺位的确定,为多重的担保性债权转让的顺位规则提供了基础。《民法典》第414条确立了顺位升进主义。但《民法典》第414条在适用中应当排除正常经营买受人优先保护规则、价金超级优先权规则等规则的适用。

The Rules of Priority Order for the Registered Security Rights: An Analysis of Article 414 of the Civil Code of PRC

The rule of priority order for the registered security rights is designed to solve the issue of order for the competitive security interests in the case of registration as a way of publicity. Such a rule is well established for the competitive registered mortgages in Article 414 of the Civil Code of PRC. This article has a powerful systematic exemplary effect and can be widely applied. It constructs a unified rule of priority order in payment for repeated mortgages of movable properties, resolves the issue of order in payment for repeated mortgages of rights, and the conflict of interests between mortgage and registrable pledge, clarifies the priority order for the typical and non-typical security, and provides a foundation for the priority order in the assignment of a claim in case of repeated securities, by referring to the priority order for competitive mortgage rights. It sets a principle of a sequential order according to priority. However, in its application, the exceptions are the priority rule for the protection of buyer in ordinary course of business and the super priority rule for purchase-money security interest.