物上担保人实为债务人同债权人建立主债权债务关系的信用风险的承担人,我国担保法赋予了物上担保人在担保物权实现后向债务人的追偿权,但未明确范围;理论界将追偿权仅限于债权人就担保物实现的债权数额。除此之外,追偿权的范围还应包括担保物权实现(担保物变现)时物上担保人所承受的消极损失,这种消极损失的请求权基础是不当得利的返还。 The guarantor in fact is the creditor of the credit risk of the debtor and the creditor in establishing the relationship between the principal credit and the debtor. The guarantee law of our country gives the guarantor the right to recover the debtor after the realization of the security interest but does not define the scope. The right to recover is limited to the amount of the creditor’s claim on the security. In addition, the scope of the right of recovery should also include the negative losses sustained by the guarantor in the realization of the real right of property (the realization of the guaranty). The basis of the right of claim for such negative losses is the unjust enrichment return.