建立份额合作制渔船按份共有人财产份额抵押权制度

Establishing property share mortagage registration rules for co-owners of fishing vessels

随着我国惠农惠渔政策的加大,渔船融资需求越来越高,在实际工作中出现银行同意与船舶份额共有人签订财产份额抵押贷款合同,但银行与船舶份额共有人在向渔船登记机关申请船舶财产份额抵押登记时,登记机关以《船舶登记条例》、《渔业船舶登记办法》只规定整船抵押登记为由不予受理的情况,这种做法与《物权法》、《担保法》的规定不一致。通过对申请财产份额抵押登记的法律依据和登记效力,渔船申请财产份额抵押登记的"三分之二份额共有人同意"要件的适用及申请财产份额抵押登记的注意事项进行探讨,建议有关机关及时修改相关规定,实现船舶财产份额抵押登记正常化,保障渔船融资需求,促进渔业健康稳定发展。

Along with the increasing focus on benefiting-farmers and benefiting-fishery policies,financing demands of fishing vessels have become higher and higher. The author finds that in the actual work the bank agrees to sign property share mortgage contract with ship co-owners,when the bank and ship-owner apply for ship share property share mortgage registration from the registration agency,the application is always rejected,because the regulation stipulates that the whole ship can be mortgage registered based on ＂Ship Registration Ordinance＂and＂ Measures for the Registration of Fishing Vessels＂,which is contrary to＂Property Law＂and＂Guarantee Law＂. The author considers that several co-owners could set up property mortgage. The paper also analyze the legal basis and effects on the registration, whether two-thirds of people agreement is applicable and announcements for fishing boat applying property share mortgage registration. Advices were made for relevant authorities to modify relevant provisions for the normalization of ship property share mortgage registration.