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所谓抵押,是指债务人或第三人提供一定的财产作债权担保。提供抵押物的当事人称为抵押人,他可以是债务人,也可以是第三人,但必须是对抵押物享有财产所有权或者经营管理权的人。接受抵押物的债权人称为抵押权人。抵押具有下列特点:(1)抵押是由原合同中的债务人或第三人同债权人缔结的担保合同,它是原合同的从合同,依原合同的合法有效存在为前提条件,而不是一种独立存在的合同。
The so-called mortgage, refers to the debtor or a third person to provide certain property for debt security. The party providing the mortgage is called the mortgagor. He may be the debtor or the third party, but must be a person who has the property ownership or operation right of the mortgaged property. The creditors who accept the collateral are called the mortgagee. The mortgage has the following characteristics: (1) The mortgage is a guarantee contract concluded by the debtor or the third party with the creditor in the original contract, which is the precondition of the original contract from the contract, according to the legal existence of the original contract, not a Independent contract.