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由于船舶的高价值性和在国民经济中的重要作用,船舶抵押往往被视为一种重要的融资手段。而我国规范他物权的《担保法》和我国专门调整海上运输的《海商法》在船舶抵押权的登记制度上却存在截然不同的规定。《担保法》规定的登记生效制度与《海商法》规定的登记对抗制度都有存在的合理性。时值《物权法》的制订与《海商法》修改被提上日程之际,如何在这两种制度之间进行协调成为专家、学者关注的焦点。
Due to the high value of ships and their important role in the national economy, ship mortgage is often regarded as an important means of financing. However, the “Security Law” that regulates his real right in our country and the “Maritime Law” that our country specializes in regulating maritime transportation have quite different provisions on the registration system of ship mortgage. The effective registration system stipulated in the Guarantee Law and the registration confrontation system stipulated in the Maritime Law are all reasonable. When the “Property Law” was formulated and the revision of “Maritime Law” was put on the agenda, how to coordinate the two systems became the focus of attention of experts and scholars.