Study Of Ship Mortgage Law

Ship mortgage is one of the important means of ship finance, which has the common character of real right for security , and the special feature of shipping businesss.An advanced ship mortgage law system will impulse the shipping business.Ship mortgage is born late in China, so the relate law system seems fall behind relatively .Though the CMC fill up the vacancy of this field to some extent,thefundmental law- is still not been conferred, so it is not enough toonly depend on the specialized law CMC to adjust ship mortgage . Along with conferred ,and is during the course of drawing up ,the outline of China < Jus rerem> is becoming clear,which then impulse the perfection ship's real right system .Many scholars has do research about the issue ,including ship mortgage law. Help by the outcome of the prior research ,this article attempts to do some far-reaching research about some disputes in this field .The whole passage can be divided into 4 chapters, except for preface.Chapter 1 sketch out the conception and the character of mortgage and ship mortgage. It emphasizes in the subrogated right of ship mortgagor . Then it analyses co-ownership mortgage and the ship under construction mortgage, distinguish the common joint-ownership and the joint ownership by share . At last the author expounds her opinion about the scope of joint owners can establish ship mortgage ,Chapter 2 connected with the actual ship registration system ,probes into the ship mortgage registration system .It focuses on the most stong dispute about the validity of registration, the conclusion is that registration antagonism pattern is more reasonable Then it upholds that the ship mortgage registration should has the public believing power ,and advise we should establish the state-compensation system when the registration is erroneous ,and accordingly ,we should reform the registration system ,from the content to the means of censorship.Chapter 3 refers to the various obligations and the rights of mortgagees and mortgagors. As to the mortgagor it focuses on if it is necessary to limite the right of transferring ship ,and puts forward the different viewpoint compared with the relate speculation of CMC. As to the mortgagee it emphasizes his right of denfend the ship ,especially how he can turn to remedy when the mortgage ship is under different demolition.Chapter 4 dicusses the insurance of ship mortgage, and probes into somekinds of insurance from the footing of mortgagee.lt concludes that the mortgagee has the subrogated right.but the object is the the right of claim not the money itself. When the mortgagee places the ship under insuance ,the insured interest scope should be limited.In the end,in order to give the mortgagee more reliable protection,it proposed a new insurance which calls ship mortgagee rights insurance and analyzed its object and nature.