船舶抵押权的登记与实现

Registration and realization of ship mortgage

着重论述并分析船舶抵押权的登记效力和未经登记的船舶抵押权的冲突问题以及船舶抵押权的实现.认为未经登记的船舶抵押权,不论设定的时间先后,只能按其担保的债权的比例受偿;为船舶设定抵押权但未登记,抵押权人将被抵押船舶转让第三人时,抵押权人不得对抗被抵押船舶的受让人;一般通过向法院申请拍卖船舶来实现船舶抵押权;抵押权人在已经提起诉讼之外再在债权登记之后向法院提起确权诉讼似无法律依据.

The validity of registered ship mortgage, the conflict of the ship mortgages failing to be registered, and the realization of ship mortgage are expounded emphatically. It is assumed that the ship mortgages unregistered can only be used to satisfy the creditor＇ s right por-rata regardless of the order of the establishment. In case a ship mortgage is established without registration and the mortgagee transfers the mortgaged ship to a third party,the mortgagee may not act against the transferee of the mortgaged ship. The realization of the ship mortgage shall generally be effected by the application to courts for auctioning the ship. It is held that there seems no legal basis for the mortgagee to bring a suit before the court for determination of the right after the mortgagee has brought the suit before the court and registered the creditor＇ s right.