Research On The Legal Issues Of Mortgage Over International Shipping Containers

The development of international shipping industry brings the prosperity of container business.In the process of the continuous development of shipping industry,international shipping containers gradually play an important role,and their demand is also increasing.The circulation of international shipping container and its own value make it not only an important carrier of maritime transportation,but also a medium of maritime financing.The mortgage over international shipping container has been developed,but also has problems in practice.Comité Maritime International(CMI)issued a questionnaire(CMI International Working Group on Security Interests over Shipping Containers Questionnaire to National Maritime Law Associations)on security interests in international shipping containers,in addition to soliciting countries’ practices and legal basis on issues related to security interests over international shipping containers,it also proposed whether a Container Protocol to the Cape Town Convention on International Interests in Mobile Equipment should be established.Based on the analysis of the legal issues of mortgage over international shipping containers,combined with the practice of international shipping containers,this paper will give relevant suggestions for adding the protocol.In addition to the introduction and conclusion,this paper consists of four chapters.The first chapter is the overview of this paper.Firstly,it defines the international shipping container and analyzes its legal attributes;secondly,for defining the research object of this paper,it clarifies the characteristics of the mortgage over international shipping container,its own characteristics and the particularity of the subject matter of the mortgage;finally,it summarizes the Cape Town Convention on International Interests in Mobile Equipment and its existing protocols,clarifies the purpose of this article,points out the significance of formulating the protocol to solve the legal issues of mortgage over international shipping containers and the problems it faces,and summarizes the full text.The second chapter analyzes the registration and registration effectiveness issues of mortgage over international shipping containers.The registration issues mainly include procedural issues and validity issues.In the registration procedure,the establishment of registration institutions in different countries will make it difficult to unify and identify the registration,and the disposition right of the registered object under the form review cannot be effectively determined,which will also affect the interests of the registered mortgagee.According to the current international practice,there are two modes of registration(registration resistance and registration validity),this also brings obstacles to the registration of international shipping containers mortgage.Therefore,it is necessary to find an effective way to solve the registration issue.The third chapter analyzes the conflict between the mortgage over international shipping containers and other rights and interests.In the process of international shipping container circulation,based on the laws and regulations of different countries and shipping needs,in addition to the establishment of mortgage,there are still other rights and interests.Priority,lien and retention of ownership are common rights and interests arising from containers,which may have an impact on the realization of mortgage and security interests over international shipping container,and clarifying the order of the mortgage and related rights over international shipping container will solve the conflict of effectiveness of different rights and make the rights of the mortgagee more clear.The fourth chapter analyzes the application of law issue of international shipping containers.The mobility of international shipping containers makes the lessor,lessee,mortgagor and mortgagee in different countries,or even in different legal systems.However,the differences in the applicable rules of law for mortgage guarantee in different countries will lead to the differences and uncertainties in the applicable laws of disputes arising in the circulation of containers.To resolve the legal application of the mortgage by means of a protocol,and to clearly stipulate the rules of application of law,will provide important protection for the rights and interests of the parties and provide a basis for dispute resolution.