船舶留置权与船舶优先权顺位之思考

考察世界各国和地区的海商法及国际公约,船舶留置权的优先位次一般均被排在船舶优先权之后,我国《海商法》也是如此。然而这种立法并没有令人信服的理论依据和现实必要性。船舶留置权与船舶优先权之间存在利益冲突,船舶优先权恒定优先于船舶留置权这种立法并不妥当,权利人不同,船舶留置权的效力也不同,修船人的船舶留置权效力应优先于船舶优先权。

The Thinking of Prior Order of Ships Lien and Ships Priority

We investigate maritime law and international pact of various countries and local,that the prior order of ships lien is arranged after ships priority,and so is the "Maritime law" of our country.However this kind of legislation did not have persuasive theoretical basis and realistic necessity.This article analyzes conflicts of interest between ships lien and ships priority,and propose the question to the legislation that Ships priority is prior to ships lien.We think that the obligee is different,and the potency of ships lien is also different,so ship building person's potency of ships lien should be prior to ships priority.