On The Dispute Case Of Ship Mortgage Contract Between Yanping Company And Fu’an Sub-branch

With the rapid development of market economy,ship mortgage financing has an increasing influence on shipping industry and shipbuilding industry.In recent years,China’s ship mortgage system has been adjusted for many times,and a relatively perfect ship mortgage system has been formed.However,China’s current ship mortgage system still cannot meet the rapid economic development,the diversified main body of ship mortgage and various forms of mortgage and other factors.In this paper,based on the current our country ships mortgage system,using comparative analysis,case analysis,through the "about yeonpyeong and mastery in branch company of ship mortgage contract dispute" analysis,summarizes the two controversial focus,combined with domestic and foreign related legislation and theoretical research,in the case of shipping business contract and proposed by controversy in good standards,analysis of the present system of ship mortgage disputes under the specific reasons,from the perfect our country ships mortgage system,to protect the interests of the mortgagee,etc,puts forward the path to form the standardization of ship mortgage legal mechanism.This paper focuses on two controversial points in this case: the determination of the effectiveness of the mortgage of cong trade company;Whether the behavior of yanping company constitutes a bona fide acquisition is discussed.The courts of both cases affirmed that cong trading company’s mortgage act was legal and effective,but the court of two cases ruled that whether yanping company constituted good faith to obtain the court of two cases was totally different.This paper holds that the behavior of yanping company conforms to the constitutive elements of bona fide acquisition,and the malicious behavior of cong trading company precedes,which should be recognized as bona fide acquisition.In this case,the application of good faithacquisition system to reject the plaintiff’s claim may have a negative impact on the current mortgage system and have a negative social effect.I think there is no need to worry about this,the mortgage act in this case based on the ownership of the problem.