建造中船舶抵押权的法律冲突及其解决

Analyzing the law conflicts of mortgage on ship under construction and its resolution

各国有关建造中船舶抵押权制度在设定和效力方面存在显著的法律冲突,我国《海商法》中相关冲突规则因建造中船舶船旗国的缺失而无以适用,法律冲突无以解决。《1967年建造中船舶权利登记公约》与其斯德哥尔摩文本草案的比较分析给我国相关立法的完善提供了若干有益的启示。

There is obvious law conflicts among different nations about the creation and effect of ship under construction, related conflict rule in our Maritime Law cannot be applied since the flag nation not exist while ship is under construction. As a result, related law conflicts cannot be resolved. To compare the Convention relating to Registration of Rights in respect of Vessels under Construction 1967 and its Stockholm draft can provide some helpful inspiration towards our related legislation.