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物权法高效便捷的立法理念对实现抵押权的影响物权法第一百九十五条第一款、第二款规定:“债务人不履行到期债务或者发生当事人约定的实现抵押权的情形,抵押权人可以与抵押人协议以抵押财产折价或者以拍卖、变卖该抵押财产所得的价款优先受偿。协议损害其他债权人利益的,其他债权人可以在知道或者应当知道撤销事由之日起一年内请求人民法院撤销该协议。抵押权人与抵押人未就抵押权实现方式达成协议的,抵押权人可以请求人民法院拍卖、变卖抵押财产。”
Real Right Law Efficient and Convenient Legislation on the Realization of Mortgage Rights The 195th Paragraph 1 and Paragraph 2 of the Real Right Law stipulate: "If the debtor fails to perform the debts due or the parties agree to realize the right of mortgage, the mortgagee May agree with the mortgagor to mortgage the discount of the property or the proceeds of the auction or sale of the mortgaged property will be paid with priority.Other creditors may damage the interests of other creditors and may request the people’s court to revoke the agreement within one year from the date of knowing or should have known the cause of the revocation If the agreement between the mortgagee and the mortgagor has not been reached on the way in which the mortgage is realized, the mortgagee may request the people’s court to auction and sell the mortgaged property.