委托贷款船舶抵押登记中抵押权人主体资格认定探讨

Discussion on affirmation of the mortgagee’s subject qualification in ship mortgage registration under entrusted loans

文中从分析我国船舶抵押权人的主体资格入手,分析委托贷款中委托人与受托人的不同,明确委托贷款中的债权人为委托人而非受托人,并由此决定其船舶抵押登记中的抵押权人为委托人,从而纠正委托贷款船舶抵押登记实践中抵押权人主体资格认定的错位,规避登记执法风险。

Based on the analysis of the ship mortgagee＇s subject qualification, this article discusses the difference between the client and the trustee in the entrusted loans, clarifies that the creditor in the entrusted loans is the client and not the trustee, and thus determines the mortgagee is the client it the entrusted loans mortgage registration of a ship, thereby correcting in practice the dislocation of. subject qualification of the mortgagee in the eltrusted loans mortgage registration of a ship, and avoiding the risk in dae registration law enrcemeut.