第四部分，房地产抵押权的实现和救济。
Part four, the realization and relievation of real estate mortgage.
房地产抵押权的实行要受在先存在的优先权与租赁权的制约。
The implementation of the hypothec of the real estate should be limited by priority and leasehold that formerly exist.
本文共分四个部分：第一部分是房地产抵押权与租赁权冲突的解决。
It is divided into four parts: the first part is to solve the conflict between the right of real estate mortgage and the right of renting.
笔者在这一部分阐述了房地产抵押权与租赁权并存的可能性及理论依据。
The writer illustrate the possibility and theory foundations of the existence of the real estate mortgage right and the renting right.
我国房地产抵押登记制度原则上应采取登记生效主义，但在某些特殊情况下也应承认未完成登记的房地产抵押权的效力。
In China the registration system of real estate mortgage shall follow the principle of registration before going into operation.
房地产抵押，是指抵押人以其合法的房地产以不转移占有的方式向抵押权人提供债务履行担保的行为。
The real estate mortgage means that the mortgagor uses his real estate without transferring the way of occupancy to provide guarantee of obligation for his mortgagee.
房地产抵押是指抵押人以其合法的房地产以不转移占有的方式向抵押权人提供债务履行担保的行为。
The real estate mortgage is refers to mortgages the human by the way which does not shift holds to the mortgagee to provide the debt fulfillment guarantee by its legitimate real estate the behavior.
当债务人不履行债务时，抵押权人有权依法以抵押的房地产拍卖所得的价款优先受偿。
When the debtor does not fulfill the debt, the mortgagee is authorized the real estate auction obtained cost which mortgages legally first to receive recompenses.
第四十九条房地产抵押，抵押人和抵押权人应当签订书面抵押合同。
Article 49: a written mortgage contract shall be signed between a mortgagor and a mortgagee for the mortgage of real property.
第四十九条房地产抵押，抵押人和抵押权人应当签订书面抵押合同。
Article 49: a written mortgage contract shall be signed between a mortgagor and a mortgagee for the mortgage of real property.
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