On Mortgage Of Right To Use Sea Areas

With the improving of the market economy in our country,people growing demand for development and utilization of the sea,into the market circulation of the right to use sea areas has become an inevitable phenomenon,our country current law stipulated directly to the mortgage of the right to use sea areas is less,whether there is a lack of legislation and practice ways,mainly reflected in the lack of legislation,the mortgage object is controversial,mortgage establishment,implementation system is imperfect,and so on,to maximise the economic value of the right to use sea areas,this paper studies theory of mortgage of right to use sea areas.This paper mainly discusses the establishment and realization of the mortgage of the right to the use of sea areas and the present situation and main problems of the mortgage of the right to the use of sea areas in China and puts forward some Suggestions for improvement.This paper is divided into six parts.The first part is the definition and legal nature of the mortgage of the right to the use of sea areas,starting from the concept and legal nature of the mortgage of the right to the use of sea areas,it provides the theoretical basis for the following specific suggestions for improvement.The second part is the object of the right to the use of the sea area mortgage,mainly explains the characteristics of the right to the use of the sea area as the mortgage object,analyzes the limitation of the right to the use of the sea area as the mortgage object.The third part analyzes the establishment of mortgage of the right to use sea areas,respectively from two aspects of mortgage contract and mortgage registration,discussed the relationship between the establishment of the mortgage,the concrete analysis of the mortgage registration law,the determination of registration authorities and registration examination,points out the key link,mortgage registration of a mortgage,is both the mortgage of the right to use sea method,and mortgage of the right to use sea areas established condition.The fourth part is the effectiveness of the right to the use of the sea area mortgage,including the scope of the creditor's rights secured by the mortgage,the scope of the effectiveness of the mortgage and the subject matter,the effectiveness of the right to the use of the sea area to the mortgagor and the mortgagee after the establishment of the mortgage.The fifth part discusses the realization way of maritime area use mortgage,especially the feasibility of auction as the realization way of maritime area use right mortgage.The sixth part is the legislative status quo and improvement suggestions of the mortgage of the right to the use of sea areas in our country,discusses the defects of the current legislation and system in the mortgage of the right to the use of sea areas,and puts forward reasonable improvement suggestions for the realization of standardized and reasonable mortgage of the right to the use of sea areas.