|
第八条 国家所有的船舶由国家授予具有法人资格的全民所有制企业经营管理的，本法有关船舶所有人的规定适用于该法人。
Article 8 With respect to a State-owned ship operated by an enterprise owned by the whole people having a legal person status granted by the State, the provisions of this Code regarding the shipowner shall apply to that legal person.
第九条 船舶所有权的取得、转让和消灭，应当向船舶登记机关登记；未经登记的，不得对抗第三人。
Article 9 The acquisition, transference or extinction of the ownership of a ship shall be registered at the ship registration authorities; no acquisition, transference or extinction of the ship’s ownership shall act against a third party unless registered.
船舶所有权的转让，应当签订书面合同。
The transference of the ownership of a ship shall be made by a contract in writing.
第十条 船舶由两个以上的法人或者个人共有的，应当向船舶登记机关登记；未经登记的，不得对抗第三人。
Article 10 Where a ship is jointly owned by two or more legal persons or individuals, the joint ownership thereof shall be registered at the ship registration authorities. The joint ownership of the ship shall not act against a third party unless registered.
第二节 船舶抵押权
Section 2 Mortgage of Ships
第十一条 船舶抵押权，是指抵押权人对于抵押人提供的作为债务担保的船舶，在抵押人不履行债务时，可以依法拍卖，从卖得的价款中优先受偿的权利
Article 11 The right of mortgage with respect to a ship is the right of preferred compensation enjoyed by the mortgagee of that ship from the proceeds of the auction sale made in accordance with law where and when the mortgagor fails to pay his debt to the mortgagee secured by the mortgage of that ship.
第十二条 船舶所有人或者船舶所有人授权的人可以设定船舶抵押权。
Article 12 The owner of a ship or those authorized thereby may establish the mortgage of the ship.
船舶抵押权的设定，应当签订书面合同。
The mortgage of a ship shall be established by a contract in writing.
第十三条 设定船舶抵押权，由抵押权人和抵押人共同向船舶登记机关办理抵押权登记；未经登记的，不得对抗第三人。
Article 13 The mortgage of a ship shall be established by registering the mortgage of the ship with the ship registration authorities jointly by the mortgagee and the mortgagor. No mortgage may act against a third party unless registered.
船舶抵押权登记，包括下列主要项目：
The main items for the registration of the mortgage of a ship shall be:
（一）船舶抵押权人和抵押人的姓名或者名称、地址；
(1) Name or designation and address of the mortgagee and the name or designation and address of the mortgagor of the ship;
（二）被抵押船舶的名称、国籍、船舶所有权证书的颁发机关和证书号码；
(2) Name and nationality of the mortgaged ship and the authorities that issued the certificate of ownership and the certificate number thereof;
（三）所担保的债权数额、利息率、受偿期限。
(3) Amount of debt secured, the interest rate and the period for the repayment of the debt.
船舶抵押权的登记状况，允许公众查询。
Information about the registration of mortgage of ships shall be accessible to the public for enquiry.
第十四条 建造中的船舶可以设定船舶抵押权。
Article 14 Mortgage may be established on a ship under construction.
建造中的船舶办理抵押权登记，还应当向船舶登记机关提交船舶建造合同。
In registering the mortgage of a ship under construction, the building contract of the ship shall as well be submitted to the ship registration authorities.
第十五条 除合同另有约定外，抵押人应当对被抵押船舶进行保险；未保险的，抵押权人有权对该船舶进行保险，保险费由抵押人负担。
Article 15 The mortgaged ship shall be insured by the mortgagor unless the contract provides otherwise. In case the ship is not insured, the mortgagee has the right to place the ship under insurance coverage and the mortgagor shall pay for the premium thereof. (责任编辑：河北越洋国际货运代理有限公司) |
