船舶抵押合同若干法律问题研究

Several Problems research on ship mortgage contract

有的国家规定船舶抵押合同生效,船舶抵押权即可有效设立。而在有的国家,船舶抵押合同仅仅是双方的合意,并不产生设定船舶抵押权的法律后果。两种立法模式各有利弊。除基本内容以外,船舶抵押合同还应规定抵押船舶的保险、登记、转让、再抵押以及营运管理等内容。在我国,即使未采用书面形式,船舶抵押合同也是有效的,但无法创设船舶抵押权。

In some countries, the ship mortgage can be established as well as ship mortgage contract is effective. While in other countries, the ship mortgage contract does not bring the legal consequences of ship mortgage. Two legislative models have advantages and disadvantages. In addition to the basic content, the ship mortgage contract should also provide for the ship＇s mortgage insurance, registration, transfer, re-mortgage and operations management and so on. In China, without in written form, the ship mortgage contract is effective but it can not create a ship mortgage.