抵押物转让的效力与抵押权的实现

抵押物转让后抵押权实现的问题在我国法律中规定不明确,导致抵押权在抵押物转让后是否可以追及实现理解上的混乱。通过抵押物转让行为的效力和转让后抵押权追及力的分析,认为抵押物的转让与是否通知抵押权人、告知受让人没有关系。抵押物转让后,登记生效的抵押权不受影响;协议生效的抵押权、公证过的抵押权不受影响,未公证的不得对抗第三人。

On Effectiveness of Pledge''s Cession and Realization of Hypothec

The realization of hypothec after the pledge are transferred has not defined in China' s law. and thus it may lead to a confusion about the understanding of the pledge' s tracing. Though the analysis of the effectiveness of pledge' s cession and the tracing of hypothec, the author believes that the cession of pledge has no relation with the being-informed of mortgagor and assignee; after the pledge are transferred, the registered hypothec remain its original effectiveness, and the hypothec under agreement and notarization are also in the category, meanwhile non-notarized hypothec can not be used to confront the third party.