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船舶抵押法是海事法的一个重要组成部分。船舶抵押权是抵押双方当事人通过书面契约的担保形式,在具有特殊性质的动产——船舶上设定的,不移转占有权的登记物权。它具有动产抵押权和不动产抵押权的若干特征,是一种特殊形式的抵押权。基于船舶抵押权的这一概念,本文参照了英国法的有关规定,分析了船舶抵押权的设定、转让和解除的条件,讨论了在船舶抵押权项下,抵押人和受抵押人各自享有的权利。
Ship mortgage law is an important part of maritime law. The mortgage of a ship is a form of security secured by the parties to the mortgage through a written contract, which is set on a movable property ship with a special character and does not transfer the registered property right of possession. It has several characteristics of chattel mortgage and real estate mortgage, which is a special form of mortgage. Based on the concept of ship mortgage, this paper analyzes the conditions for the establishment, transfer and release of ship mortgage with reference to the relevant provisions of the English Law. It discusses that under the ship mortgage, both the mortgagor and the mortgaged person enjoy s right.