《物权法》实施对船舶物权立法的影响

Impact of Implementation of the Real Right Act on the Title of Ships and the Relevant Laws

《物权法》实施后,其一般规定对船舶物权有适用的余地,但《物权法》对船舶物权采用不同于一般财产的变动模式,导致船舶物权在直接适用《物权法》时将产生制度上的冲突,对此,需要通过修改《海商法》和《船舶登记条例》,另行进行制度上的配置。

In logic, the general provisions of the newly enacted Real Right Act might apply to the title of ships. However, the title of ships is not treated by the Act as a general property and institutional conflicts may occur while directly applying the Act to the title of ships. As such, to apply the Act to ships smoothly, the relevant laws such as the Maritime Code and the Ships Registration Regulations should be amended so as to make them consistent with the Act.