船舶抵押权登记若干法律问题研究

Study on some legal problems of ship mortgage registration

船舶抵押权登记在中国具有"相对的公信力",未经登记不能对抗的"第三人"包括已另行设立且登记的船舶抵押权人以及依法律行为取得船舶所有权的所有权人,船舶抵押权登记日期依申请日确定比较合理,不应允许对抵押金额及抵押期限予以登记,应建立船舶抵押权登记请求权制度和登记错误的补救机制。

Registration of ship mortgage has a relative force of public credit under Chinese Law.The third parties that it may not act against unless registered include other mortgagees registered and the owner of the ship acquiring the ownership by legal act.The registration date is to be determined by the date of application is reasonable.Registration of the amount and term of the mortgage should not be allowed meanwhile.China should establish the requesting system for registration of of the mortgage ship mortgage and the remedial mechanism for improper registration.