If a mortgage on a ship and a statutory lien on a ship conflict with each other, the lien takes precedence over the mortgage.
If a mortgage on a ship and a statutory lien (excluding a statutory lien on a ship) conflict with each other, the mortgage is treated as being of the same rank as the first-ranked statutory lien prescribed in Article 330, paragraph (1) of the Civil Code.
船舶の抵当権と先取特権（船舶先取特権を除く。）とが競合する場合には、船舶の抵当権は、民法第三百三十条第一項に規定する第一順位の先取特権と同順位とする。
ship
「船舶」
In the part on maritime commerce (except Article 747), a ship used for navigation for the purpose of commercial transactions (商行為), other than rowboats and other boats driven only or mainly by oars.
Defined inArticle 684, paragraph (1)
statutory liens on a ship
「船舶先取特権」
A statutory lien (先取特権) on a ship and its equipment held by a person with one of the claims listed in Article 842 — claims for death or injury in the ship's operation, salvage fees or general average contributions, port and pilotage charges, costs needed to continue the voyage, and crew wages.
Short name set inArticle 843, paragraph (1)· applies only in this chapter
statutory lien
先取特権
A right the law itself gives certain creditors to be paid out of the debtor's property ahead of other creditors (Civil Code, Article 303). Some reach all of the debtor's property, such as a claim arising from employment (Article 306, item (ii)); others reach particular property only, such as a landlord's claim for rent and other debts under a lease of land or a building, which reaches, for land, the movables furnished to it or to a building used with it, the movables used on it and the crops or other fruits of it the tenant holds, and for a building, the movables the tenant has furnished it with (Articles 311 to 313). The Act on Land and Building Leases gives a landowner one over the tenant's building on the land for the last two years' rent that has fallen due (Article 12, paragraph (1)), which keeps its effect by the registration of the superficies or the land lease (Article 12, paragraph (2)).
Written by AI using Civil Code, Arts. 303, 306, 311, 312, 313 and Act on Land and Building Leases, Art. 12 as a reference.