船舶优先权与船舶抵押权的效力冲突及其完善

An Analysis of the Conflict and Effectiveness between Maritime Lien and Ship Mortgage and its Perfection

船舶优先权制度和船舶抵押权制度,在海商企业的船舶运航中都承担着重要的辅助角色,这一点是两项制度共同的纽带。但船舶优先权和船舶抵押权制度的法律效力有所冲突。为了解除两项制度之间的效力冲突,建议由法律来规定:船舶所有人在船舶上配备船舶优先权的记载名册,并且不分抵押权设定时或设定后,如果抵押权人要求时,船舶所有人应立即提供当时船舶上已存在的其他船舶担保物权事项。

The maritime lien system and the ship mortgage system play an important supporting role in the shipping of maritime enterprises,which is the common link between the two systems.However,there is a conflict between the legal effect of the maritime lien and the system of ship's mortgage.In order to resolve the conflict of effectiveness between the two systems,it is suggested that it be regulated by law.The owner of the ship is equipped with a record list of the maritime liens on the ship,without the setting or setting of the mortgage.If the mortgagee claims,the owner of the ship shall immediately provide the rights of other ships that have already existed on the ship at that time.