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抵押登记是土地登记、房产登记的一项重要工作,《土地登记办法》第36条、《房屋登记办法》第44条均规定,对符合规定条件的,登记机关应当办理抵押登记。目前,国土、房产部门一般只为银行等金融机构办理借款合同抵押登记,但除了金融机构贷款外,社会上还存在大量的企业之间、自然人之间的借贷关系,其要求办理抵押登记呼声日益高涨,能否为其办理抵押登记成为登记部门面临的难题之一。本文拟就抵押权人的主体资格,即为哪些主体办理抵押登记进行初步探讨。
Registration of mortgages is an important work of land registration and real estate registration. Article 36 of the Measures for Land Registration and Article 44 of the Measures for the Registration of Houses stipulate that the registration authority shall go through the registration of mortgages for those who meet the prescribed conditions. At present, the land and real estate departments generally only apply for registration of mortgage contracts for financial institutions such as banks. However, in addition to loans from financial institutions, there are still a large number of loans and lending relationships among enterprises and natural persons in the society. Soaring, whether it can apply for registration of the mortgage has become one of the problems facing the registration department. This article intends to mortgage the main qualifications of people, that is, for which the principal for registration of mortgage for a preliminary study.