A Study On The Registration Of The Mortgage Of Vessel Under Construction

Although our country has established the mortgage of vessel under construction, while in practice, the principle is not be widely used. Why does this phenomenon happen? The primary cause is that relevant laws about the mortgage of vessel under construction are not well stipulated, so the laws can not work effectively in practice. The paper is aimed at studying on the mortgage of vessel under construction, perfecting relevant legislation, and hoping to provide some reference suggestions.This paper divides into five chapters.The first chapter is to discuss the nature and effectiveness of the registration of the mortgage of vessel under construction. There are three parts. The first part is the necessity to establish the mortgage of vessel under construction. This part will elaborates on the countries of Anglo-American law system and continental law system, and Taiwan region, Hong Kong SAR, mainland in China, whether there is the mortgage of vessel under construction in these places, and contact the reality of our country, analysis whether it is necessary to establish a system of the mortgage of vessel under construction in our country. The second part is about the nature and the third part is about the effectiveness.The second chapter is to discuss the object and its scope of ship mortgage registration under construction. The first part is about the object, distinguishing general chattels, special movables and real estate, comparing with the registration of the mortgage of general ships, and concluding the particularity of the object. The second part is about the scope of the object, including definition, the scope at the time registration, the scope after registration and the mortgagee how to realize the mortgage when the vessel is abandoned.The third chapter is to discuss the subject of ship mortgage registration under construction. In this chapter, the qualification of applicants, the ownership of the vessel and the relationship between ownership and mortgage of the ship under construction are discussed.The fourth chapter focuses on the registration authority and its responsibility, investigating the content and responsibility for the examination are discussed, and at last point out that it is necessary to establish correction of registration and dissenting registration of the mortgage of vessel under construction.The fifth chapter is to discuss the time of the mortgage of vessel under construction, including setting time, registration time, change of registration time and cancellation of registration. At last point out four conditions about change of registration time and cancellation of registration, including when the vessel is under construction, when the ship under construction is finished, when the owner of the vessel under construction is changed and when the mortgage transfers.