The Influence On Mortgage Of Ships Which Caused By The Enforcement Of The Property Law

Mortgage of Ships is a special mortgage form in China, which the pawn is the ships. But, in despite of the CMC and The Guaranty Law of the PRC could both be applied, there are many problems which caused by the faultiness,distemperedness and confliction of these two laws in practice. Now, the development of the shipping industry requires that the country should solute the problems as soon as possible.Fortunately, the Property Law of the PRC was bring into effect on October 1^st, 2007, which consummate the mortgage legal system. So, how to promote the mortgage of ships legal system in this situation is necessary, that is the purpose of this article.This article is consist of three part, and discuss many problems basis on the basic legal theory and the attitude of the Property Law. Eventually, the article gets a conclusion that: "China should establish a Floating Mortgage of Ships System by three aspects. Meanwhile, promoting the ship register system and solving some related problems are necessary."In a word, the enforcement of the Property Law could bring the profitable influence on the CMC, sequentially, the shipping industry of our country may promote more quickly and more healthily.