论在建工程抵押中的利益协调

在建工程抵押是我国《物权法》确认的重要担保物权制度,但由于在建工程抵押实践中往往涉及到在建工程之建设单位、施工单位、银行债权人、普通债权人和预购人等多方主体,存在不同程度的利益交叉与冲突,如何平衡各方主体的利益关系,实为理论及司法实务界必须正视的重大问题。

The Coordination of Interests in the Mortgage of Construction-In-Progress

The mortgage of construction-in-progress is an important rule which is established by the real right law of our country. But there are lots of conflicts of interests between the construction-in-progress subjects such as the developer,the builder,the secured creditor,the normal creditor,and the forward purchaser. It is a problem which is need to be solved that to balance those conflicts.