中华人民共和国海商法（二）

Section 1 Ownership of Ships

Article 7 The ownership of a ship means the ship owner's rights to lawfully possess， utilize， profit from and dispose of the ship in his ownership.

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 ship owner shall apply to that legal person.

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.

The transference of the ownership of a ship shall be made by a contract in writing.

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.

Section 2 Mortgage of Ships

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.

Article 12 The owner of a ship or those authorized thereby may establish the mortgage of the ship.

The mortgage of a ship shall be established by a contract in writing.

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.

The main items for the registration of the mortgage of a ship shall be：

（1） Name or designation and address of the mortgagee and the name or designation and address of the mortgagor of the ship；

（2） Name and nationality of the mortgaged ship and the authorities that issued the certificate of ownership and the certificate number thereof；

（3） Amount of debt secured， the interest rate and the period for the repayment of the debt.

Information about the registration of mortgage of ships shall be accessible to the public for enquiry.

Article 14 Mortgage may be established on a ship under construction.

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.

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.

Article 16 The establishment of mortgage by the joint owners of a ship shall， unless otherwise agreed upon among the joint owners， be subject to the agreement of those joint owners who have more than two-thirds of the shares thereof.

The mortgage established by the joint owners of a ship shall not be affected by virtue of the division of owner ship thereof.

Article 17 Once a mortgage is established on a ship， the ownership of the mortgaged ship shall not be transferred with out the consent of the mortgagee.

Article 18 In case the mortgagee has transferred all or part of his right to debt secured by the mortgaged ship to another person， the mortgage shall be transferred accordingly.

Article 19 Two or more mortgages may be established on the same ship. The ranking of the mortgages shall be determined according to the dates of their respective registrations.

In case two or more mortgages are established， the mortgagees shall be paid out of the proceeds of the auction sale of the ship in the order of registration of their respective mortgages. The mortgages registered on the same date shall rank equally for payment.

Article 20 The mortgages shall be extinguished when the mortgaged ship is lost. With respect to the compensation paid from the insurance coverage on account of the loss of the ship， the mortgagee shall be entitled to enjoy priority in compensation over other creditors.