Study on Prior Sequence of Multiple Guarantee Real Right That Concurrence in the Same Property :And on Article 79 of “Guarantee Law of Judicial Interpretation”
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    Abstract:

    It is an important and difficult issue in theory of Guarantee Law to set the prior sequence when multiple guarantee real right being concurrence in the same property. Also,it became a serious obstacle due to deficiency of relevant legal system in China. Base this paper on three different concurrence condition of mortgage and pledge, mortgage and lien, pledge and lien, analyzing to set time of guarantee real right, to regiser right, to occupy property , according to the fundamental theory of Real Law, this paper discreetly analyzes the prior sequence when multiple guarantee real right being concurrence in the same property. The author recommends that prior sequence should be set based on the principle of setting priority, principle of register priority, principle of occupy priority in the future legislation when concurrence of multiple guarantee real right.

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王莉.物权担保竞合时效力位阶的法理解析——兼论《担保法司法解释》第79条[J].重庆大学学报社会科学版,2011,17(2):107~111

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