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我国船舶所有权变动采用所有权转移依债权形式主义、登记对抗的意思主义的二元立法模式。这种折衷体现了《海商法》对保护交易效率的立法价值取向,但在实践中暴露出船舶登记簿公信力的缺失。然而,如果完全以登记生效的形式主义重构我国船舶所有权变动制度,交易效率却无从保障。从保护效率的立法价值来看,二元模式无法轻易被彻底的形式主义取代。为维护自身交易安全,买受人应尽谨慎义务,尽快缩小取得所有权与对抗效力的时间差。
The change of ownership of the ship in our country adopts the dual legislative model of transfer of ownership in accordance with the formalism of creditor’s rights and registration antagonism. This compromise reflects the legislative value of Maritime Law in protecting the efficiency of transactions, but in practice it reveals the lack of credibility of the register of ships. However, the efficiency of the transaction can not be guaranteed if the system of ship ownership change in our country is completely reconstructed with the formalism of entry into force. From the legislative value of the efficiency of protection, the duality model can not easily be replaced by radical formalism. In order to maintain the security of their transactions, the buyer should exercise his utmost care and minimize the time difference between obtaining ownership and countering the effectiveness of the transaction.