英國 海事法上 船舶 모게지(Mortgages)에 관한 一考察

Abstract

This thesis deals with the legal principles, case law decisions of the ship mortgages in the English Maritime Law. Ship mortgages remain an important form of secured corporate and commercial debt finance. Especially the English Maritime Law of ship mortgages is successor to a very long tradition. From the earliest times loans have been required to finance maritime commerce. The modern form of ship mortgage departs from the historic form of security. The term “ship” describes any kind of vessel used in navigation, while the term “ship mortgage”described a method of secured financing, under which a borrower transferred its interest in ship or other property to a creditor, to secure the payment of the debt owed by the borrower or the performance of some their obligation. Thus Briefly defined a ship mortgage could be said to be 'any charge by way of lien on any ship for securing money or the money's worth'. There have been two theories about the nature of ship mortgages. Under English common law, chattel mortgage has been regarded as a property transfer by way of security, whereby legal ownership is transferred to the mortgagee and, upon payment of the loan amount with interest, it is retransferred to the mortgagor. 2) The alternative view of the nature of a ship mortgage is that registration under the Merchant Shipping Act has created a sui generis statutory security perfectible by registration. This thesis is dwelt with the legal nature of a ship mortgage in English Maritime Law and the rights and obligations undertaken by the owner and the mortgagee. Having reached the end of this thesis, The writer tries to summarize and suggests to somethings.