Study On Legal Issues Of Ship Financing Mortgage

Mortgage of Ships plays an important role in ship financing for which bears great risk and investors will not be involved in unless sufficient guarantee is provided.Ship relationship, financing relationship and mortgage relationship interweave with each other.When discuss general problems it also related to special problems concerning ship under construction,Hull insurance and cross-boarder ship financing mortgage.Based on previous studies,this thesis will focus on the above-mentioned issue.Amendment suggestions and improvement methods will be put forward for further development of ship financing mortgage business.The whole passage can be divided into 4 chapters except for preface and conclusion.Employing the Real Right Law,Chapterâ… describes the related issues of ship financing mortgage,including its subject and object,restrictions on the transfer of mortgaged property, realization of mortgage right.And the validity of assignment without consent of the mortgagee is discussed.In addition,the risks borne by related parties can be reduced by improvement of the registration inquiry system.Chapterâ…¡analyzes the ship financing mortgage system under construction,defines the ownership of certain article,amendment suggestions on the time and expiry of registration of the procedures is explored.Chapterâ…¢addresses the risks of ship financing mortgage,accepts the application of commercial lien in maritime lien,and presenting how to protect rights of subrogation by completing mortgage contract.For the inadequate protections to the ship financing mortgage provided by existing types of insurance,some new types are proposed.Chapterâ…£describes the legal restrictions on cross-border ship financing mortgage, introduce the restriction on international commercial loan and overseas mortgage.As an overthrow to traditional guarantee system,the independent guarantee is widely used in international finance.