沈阳工业大学学报（社会科学版）2023，Vol.16Issue(6)：575-583,9.DOI:10.7688/j.issn.1674-0823.2023.06.11
居住权与抵押权的竞存及实现位序
Competitive existence and realization sequence of rights of residence and mortgage
摘要
Abstract
The rights of residence and mortgage of real estate can competitively exist because they have the basis of jurisprudence,economics,rights and powers.According to the universality of the priority effect of real right,the realization sequence of rights of residence and mortgage should follow the basic principle of publicity time priority.When the residency right is publicized firstly,the establishment of the mortgage right does not need the consent of the residency right holder,and the buyer of the mortgaged property needs to inherit the residency right established on the real estate when the mortgage right is realized.When the mortgage right is publicized firstly,the mortgagor should perform the obligation of notification for the establishment of the right of residence,and the right of residence should be removed when it affects the realization of the mortgage right.In order to better protect the interests of the mortgagee,a special registration system should be constructed for the prohibition of disposal of mortgaged property,so as to help the protection of the interests of the mortgagee from post relief to pre-prevention.It can also rely on the third-party performance system to achieve multi-party interest balance on the premise of increasing the interest protection path of the mortgagee.关键词
居住权/抵押权/竞存/实现位序Key words
residence right/mortgage right/competitive existence/realization sequence分类
社会科学引用本文复制引用
陈少强..居住权与抵押权的竞存及实现位序[J].沈阳工业大学学报（社会科学版）,2023,16(6):575-583,9.基金项目
国家社会科学基金项目(20BFX102). （20BFX102）
