我国抵押物转让规则存在立法和司法实务两条线索,这两条线索既有共性,又有分化。比较法上的抵押物转让规则分别从抵押权人利益保护和买受人利益保护两个角度展开,通过赋予抵押权追及力,建立涤除权制度、代位清偿等对抵押权人和买受人的利益进行平衡。我国抵押物转让规则的重构,应当允许抵押物自由转让,通过抵押权追及力维持抵押权的效力,对买受人利益的保护则借助代位清偿、瑕疵担保责任等既有制度实现。 There are two clues of legislation and judicial practice in the transfer of collateral in our country. These two clues have both commonness and differentiation. The rules of collateral transfer in comparative law are respectively developed from the perspectives of the interests of the mortgagee and the protection of the interests of the buyer. By giving the chase power of the mortgage, the system of the right of removal, the settlement of the subrogation and so on, The balance of interests. The reconstruction of the rules for the transfer of collateral in our country should allow the collateral to be freely transferred and maintain the effectiveness of the mortgage right through the chase of the mortgage right. The protection of the interests of the buyer is realized through the existing system such as the subrogation of the subrogation and the guarantee of defective flaws.