ship and cargo mortgage, two different legal viewpoints

نویسندگان

محمد ابوعطا

استادیار گروه حقوق دانشکدۀ علوم انسانی دانشگاه سمنان

چکیده

although the subject-matter of cargo and ship mortgage are similar (providing financial security for creditors),the regulations of these contracts, differ from each other essentially  with regard to the conditionality of taking possession in  concluding the contract, the possibility of  endorsement and cession in mortgage document, the creditor s kind of real right ,the  preference of prior or latter creditor in vindication of right and the effect of mortgage loss on the contract and  the possibility of recovery of claim. moreover the cargo mortgage regulations are, in some regards and aspects, contrary to general legal rules and hence subject to criticism.

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