船舶抵押合同作为反担保合同时其主合同的认定

The identification of master contract under the condition of ship mortgage contract as counter guarantee contract

在船舶抵押登记过程中需要申请人提交船舶抵押合同及其主合同。当船舶抵押合同作为反担保合同存在时往往涉及多方法律关系,当前对此时主合同的认定看法并不统一。文中从主从合同法律关系、反担保的特点以及船舶抵押担保的对象等方面论证船舶抵押合同作为反担保合同情况下主合同的认定问题,最后提出相关建议。

In the process of ship mortgage registration,the applicant is required to submit a ship mortgage contract and its principal contract.When a ship mortgage contract exists as a counter-guarantee contract,it often involves a multiparty legal relationship.At present,the determination of the principal contract is controversial.This article approaches the identification of the principal contract of a ship mortgage contract as a counter-guarantee contract from the aspects of the legal relationship between the principal contract and the accessory contract,the characteristics of the counter-guarantee and the object of ship mortgage guarantee,and puts forward relevant suggestions.