最高限額抵押權擔保債權範圍之爭議問題研析

A Study on the Disputes of the Scope of Claims Secured by Line of Credit Mortgages

最高限額抵押權之事物本質為擔保不特定債權，且基於民法第881條之1規定否定概括最高限額抵押權設定之意旨，對於擔保債權範圍所須約定之「一定法律關係」，必須具有實質限定性及客觀明確性，始足當之。又一定法律關係如已合法約定，並經辦理登記者，則該法律關係交易過程中所生債權，例如自約定之一定法律關係所生債權之利息、遲延利息、違約金，無待登記，亦當然為最高限額抵押權擔保債權之範圍，惟應受最高限額之限制而已。

The essence thing of the Line of Credit Mortgages is to guarantee unspecified claims, and based on the intention of Article 881-1 of the Civil Code to negate the Unlimited Line of Credit Mortgages.“Specific legal relationships”must be agreed on the scope of claims secured, it must be substantial limitation and objective clarity. In addition, if specific legal relationships have been legally agreed and registered, the generated during the transaction of the legal relationship, such as the interests, deferred interests, and liquidated damages of generated from the agreed specific legal relationship, do not need to be another registered, which is certainly contained in the Line of Credit Mortgages, but also should be limited by the maximum limit.