《物权法》出台后,其有关担保物权的规定与《担保法》及其解释相比,就担保物权的存续期间有重大的变动,因而引发了实务和理论上中的一系列问题。本文主要从担保物权是否存在存续期间;主债权诉讼时效期间不行使抵押权,抵押权是否消灭;主债权超过诉讼时效后担保人承担了担保责任,可否向主债务人追偿等几个方面展开了论述。 After the “Property Law” was promulgated, its provisions on security interests had a significant change compared with the “Guarantee Law” and its interpretation. As a result, there existed a series of problems in practice and theory. This article mainly from the existence of the existence of security interests during the period; the main claims during the limitation of action does not exercise the mortgage, the mortgage is extinguished; the main claims over time after the guarantor guarantor assumes liability, whether the recovery of the main debtor and several other aspects Discussion.