Analysis of Article 392"Agreed Situations"of the Civil Code——A Major Transformation of the Judicial Protection Principles for Financial Creditors by People's Courts
After the implementation of the Civil Code,judicial judgments no longer support the practice of prioritizing various types of security rights under the premise of mixed guarantees.This is a significant change,which means that judicial authorities have begun to pay more attention to the legitimate rights and interests of debtors.The new legal application standards have had a significant negative impact on the already established debt protection model of financial institutions.Accurately understanding the connotation and extension of"agreed circumstances"in Article 392 of the Civil Code is crucial.Creditors must avoid situations where they have priority over different security rights in the guarantee terms,as"simultaneous priority"means that the order of guarantees is not clear.
NETL
NSTL
万方数据
