论诉前扣船担保方式

On forms of security in the pre-litigating arrest of ships

论述了抵押和质押作为担保方式在海事诉讼中不是运用最多的,程序法中对这两种担保方式的规定,为中国强制执行和财产保全理论提出了新的课题。保证是诉前扣船中最常用的担保方式,保证人的资格对保证的实现至关重要。优先权在诉前扣船中适用具有可行性,浮动抵押不能适用于诉前扣船。

Mortgage and hypothecation are not used most by the maritime procedure. Mortgage and hypothecation stipulated by the Maritime Procedure Law pose new problems for the enforcement. Guarantee is mainly used by the pre-litigating arrest of ships. The qualification of guarantors is very important for the realization of guarantee. The priority has the feasibility of being applied in the pre-litigating arrest of ships, but the floating charge cannot.