A Study On Mortgage On Vessel Under Construction

Mortgage on vessel under construction has the general attribute of mortgage, and also has its own particularity. But subject to China's imperfect present legislation on this issue, there exist some disputes and fuzzy knowledge on certain issues. This thesis takes Real Right Law of the People's Republic of China as a background, to analyze relevant legal issues on mortgage on vessel under construction, to expound viewpoints about the collateral, the mortgagor, and the priority of effectiveness, the conditions and means of realizing the mortgage, registration of the rights and so on.The full thesis has been divided into five chapters. The first chapter analyzes the meaning of "vessel under construction" which is the object of the mortgage on vessel under construction and draws author's conclusion. Then through elaborating floating charge system fit the nature of mortgage on vessel under construction, obtain how to determine the scope of collateral. The second chapter discusses the mortgagor of the mortgage on vessel under construction. Firstly give detailed analysis on the way of determination of the owner of vessel under construction, and then to analyze the stipulation of Real Right Law of the People's Republic of China about who has the right to create mortgage on vessel under construction. The third chapter elaborates the effectiveness of the mortgage on vessel under construction. Specifically analyzes the scope, subrogation, and the period of continued existence of the mortgage on vessel under construction under Real Right Law of the People's Republic of China. The fourth chapter discusses the realization of the mortgage on vessel under construction. By comparing Real Right Law of the People's Republic of China, Maritime Code of the People's Republic of China and Security Law of the People's Republic of China, and by using the advantages of the "receiver system" of floating charge and other countries' legislation for reference, to analyze the conditions, implementation, order of the realization for mortgage on vessel under construction, and then proposes author's own viewpoint. The fifth chapter elaborates the registry system of the mortgage on vessel under construction. This thesis analyzes Provisional Measures on Registration of Mortgage of Vessel under Construction; study the time to register, right of claim for registration, the relationship between the registration of mortgage on vessel under construction and the registration of ownership on such vessel, etc. Then to put forward certain extant flaws on our country's legislation and provide some legislative advices for reference on how to perfect the registry system of mortgage on vessel under construction.