论建造中的船舶抵押权

On the Mortgage of Ships under Construction

摘要: 由于建造船舶需要的时间较长，费用高昂，在现实生活之中不乏利用建造中的船舶设定抵押权的行为。但是因为我国对于船舶抵押权的规定主要针对已经建造完成的船舶，对于建造中船舶的抵押权规定比较模糊，不够细致，比如建造中船舶的所有权归属难以确定，建造中船舶抵押权的效力期限存在效力冲突，建造中船舶抵押权的实现方式缺乏明确规定等。通过对涉及抵押权法律规范、船舶抵押权实践的探究，分析建造中船舶设定抵押权可能存在的问题。最后，为了完善建造中船舶抵押权，对于建造中船舶抵押权提出建议，完善建造中船舶抵押权制度。

Abstract: Since it takes a long time to build a ship and the cost is high, in real life there is no shortage of be-haviors of using the ship under construction to establish a mortgage. However, because regulations in China on ship mortgages are mainly for ships that have already been built, the regulations on mortgages for ships under construction are relatively vague and not detailed enough. For example, the ownership of ships under construction is difficult to determine, and the validity period of the mortgage on ships under construction is difficult to determine. There are conflicts of effectiveness, and the lack of clear regulations for the realization of the mortgage of ships under construction. Through the exploration of the legal norms related to mortgage rights and the practice of ship mortgage rights, it analyzes the possible problems of the mortgage rights of ships under construc-tion. Finally, in order to improve the mortgage of ships under construction, suggestions are made for the mortgage of ships under construction, and the system of mortgages on ships under construc-tion is improved.