Mortgage Of A Ship, A Number Of Legal Research

The ship is movables in nature and only can be subject matter of pledge and can not be subject matter of mortgage rights according to traditional civil law .however ,the development of shipping industry needs large sums of money .It is difficult to buy or build a ship in maritime code for the individual Therefore .financing has come into being since beginning of buying or building a ship. In order to encourage financing in shipping industry and promote development of national ship team every country creates mortgage of ship system of which the possession of ship is not transferred by imitating chattel mortgage, so the ship embodies character of real property and later on such system is extended to security of general movables .however .research into the system of mortgage of ship cannot only begin with general stipulation with respect to mortgage rights in civil law and must combine character of the ship .needs of shipping industry and particular stipulation of maritime code.At present legislation of ship mainly appears in ten articles of chapter 2 of CMC. provisions CMC have not made will apply to security law of PRC .But as the two codes are concerned .some provisions are not proper, some are conflictable. In 29th ,sep,2000 Supreme People Court issues a interpretation relating to several problems with respect to applying to security code of PR C(the under, mentioned is called interpretation ). The interpretation in a sense makes provisions which security code has not made and makes up for shortcomings of security code .It plays a great role in normalization of mortgage of ship .To our regret .experts in maritime law have not made comprehensive research into the ship in rem on property interest .Interpretation has come into being for nearly 3 years .very few make research in normalization of mortgage of ship by combining new provisions of interpretation .In addition, there exists many arguments and perfection in interpretation itself .Such is just the orientation in perfection and development of system relating to mortgage of ship.The whole passage can be divided into 4 chapters, except for preface.Chapter 1 mainly discusses the acquisition of mortgage of ship .It emphasizes on difficult problems about co-ownership and the ship under construction onmortgage of ship and make a different understanding in provision of article 16 CMC.Chapter2 is about registration of mortgage of ship .It makes deep research into the " publizitatsprinzip " and " Foi Publique" registration system in mortgage of ship and makes a conclusion that the system which once registered mortgage will take effect is more correct. In addition ,it also mentions some suggestion on how to establish a ship registration claim system in our country .Chapter 3 refers to scope which mortgage of ship has secured ,scope of subject matter in mortgage of ship and rights and obligations of mortgagees and mortgagors .It contains achievements which the maritime experts have made and the author's understanding is also added.Chapter 4 makes systematic research into relationship between mortagages and other rights of shipowners .It mainly touches on the ranking of the mortgages and makes a conclusion that mortgages and pledge of ship cannot co-exist etc.It is worth mentioning that it's unlikely to deeply discuss all the legal problems of mortgages owing to this short passage .The passage doesn't mentions jurisdiction of mortgages and other particular problems of mortgages relating to single ship companies except realization and extinction of mortgages because such has no relationship with this passage.This research begins with basic principles of civil law and shipping financing practice and character of maritime law. It combines legislation of some countries and provisions of international conventions in two legal systems and compares with CMC. The author simultaneously makes analysis on legislation in our country by use of construction of law. Owing to author's level some mistakes are evitable . The author hopes this passage's research can have an...