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bottomry    
n. 船舶抵押契約,冒險借貸

船舶抵押契約,冒險借貸

Bottomry \Bot"tom*ry\, n. [From 1st {Bottom} in sense 8: cf. D.
bodemerij. Cf. {Bummery}.] (Mar. Law)
A contract in the nature of a mortgage, by which the owner of
a ship, or the master as his agent, hypothecates and binds
the ship (and sometimes the accruing freight) as security for
the repayment of money advanced or lent for the use of the
ship, if she terminates her voyage successfully. If the ship
is lost by perils of the sea, the lender loses the money; but
if the ship arrives safe, he is to receive the money lent,
with the interest or premium stipulated, although it may, and
usually does, exceed the legal rate of interest. See
{Hypothecation}.
[1913 Webster]

BOTTOMRY, maritime law. A contract, in nature of a mortgage of a ship, on
which the owner borrows money to enable him to fit out the ship, or to
purchase a cargo, for a voyage proposed: and he pledges the keel or bottom
of the ship, pars pro toto, as a security for the repayment; and it is
stipulated that if the ship should be lost in the course of the voyage, by
any of the perils enumerated in the contract, the lender also shall lose his
money but if the ship should arrive in safety, then he shall receive back
his principal, and also the interest agreed upon, which is generally called
marine interest, however this may exceed the legal rate of interest. Not
only the ship and tackle, if they arrive safe, but also the person of the
borrower, is liable for the money lent and the marine interest. See 2 Bl.
Com. 458; Marsh. Ins. B. 21 c. 1; Ord. Louis XIV. B. 3, tit. 5; Laws of
Wishuy, art. 45 Code de Com. B. 2, tit. 9.
2. The contract of bottomry should specify the principal lent, and the
rate of marine interest agreed upon; the subject on which the loan is
effected the names of the vessel and of the master those of the lender and
borrower whether the loan be for an entire voyage; for what voyage and for
what space of time; and the period of re-payment. Code de Com. art. 311
Marsh. Ins. B. 2.
3. Bottomry differs materially from a simple loan. In a loan, the money
is at the risk of the borrower, and must be paid at all events. But in
bottomry, the money is at the risk of the lender during the voyage. Upon a
loan, only legal interest can be received; but upon bottomry, any interest
may be legally reserved which the parties agree upon. See, generally, Metc.
& Perk. Dig. h. t.; Marsh. Inst. B. 2; Bac. Abr. Merchant, K; Com. Dig.
Merchant. E 4; 3 Mass. 443; 8 Mass. 340; 4 Binn. 244; 4 Cranch, 328; 3 John.
R. 352 2 Johns. Cas. 250; 1 Binn. 405; 8 Cranch, 41 8; 1 Wheat. 96; 2 Dall.
194. See also this Dict. tit. Respondentia; Vin. Abr. Bottomry Bonds 1 Bouv.
Inst. n. 1246-57.

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  • Bottomry - Wikipedia
    Due to the bottomry bond's relatively low priority as against other liens in the event of a libel against the ship, the use of bottomry bonds declined greatly in the 19th century and the subject is today of interest only to legal historians The Code of Hammurabi describes a form of bottomry which is a risk transferring technique A bottomry would be taken, but the repayment would be
  • Bottomry: What It is, How It Works, Example - Investopedia
    Bottomry, referring to the ship's bottom or keel, describes a transaction where a ship's owner borrows money and uses the vessel itself as collateral
  • What Is Bottomry? Maritime Bonds and Admiralty Law
    Bottomry let ship owners borrow against their vessel as collateral, with lenders bearing the risk of the voyage Here’s how these maritime bonds worked in admiralty law
  • Bottomry: The Ultimate Guide to the Historic Maritime Loan
    A bottomry bond was not tied to a calendar date; it was tied to a specific “maritime adventure” —a defined voyage, such as “from Canton to London ” The loan only became due upon the successful completion of this voyage
  • BOTTOMRY Definition Meaning | Merriam-Webster Legal
    The meaning of BOTTOMRY is a contract under which the owner of a ship pledges the ship as collateral for a loan to finance a journey How to use bottomry in a sentence
  • Bottomry | Maritime Contracts, Security Interests Liens | Britannica . . .
    bottomry, a maritime contract (now almost obsolete) by which the owner of a ship borrows money for equipping or repairing the vessel and, for a definite term, pledges the ship as security—it being stipulated that if the ship be lost in the specified voyage or period, by any of the perils enumerated, the lender shall lose his money A similar contract creating a security interest in the cargo
  • What is bottomry? Simple Definition Meaning - LSD. Law
    Bottomry is a maritime contract where a shipowner pledges their ship as security for a loan, typically to finance a voyage or cover maritime expenses A unique feature is that the lender's repayment is contingent on the ship successfully completing the voyage; if the ship is lost, the lender forfeits the loan
  • Bottomry: A Historical Maritime Transaction Explained
    Bottomry is a historical maritime transaction where a shipowner borrows money using the ship as collateral Unlike traditional loans, bottomry involves the lender assuming part of the risk associated with the voyage
  • Bottomry: Definition, How It Works Why It Matters
    Bottomry is a credit arrangement, rarely used today, in which the owner of a ship or its captain secures a loan with the ship as collateral After the ship’s voyage, the borrower must repay the loan; otherwise, the lender becomes the owner of the ship
  • BOTTOMRY - The Law Mind Legal Dictionary
    Bottomry is frequently confused with respondentia In a bottomry contract, the ship (the hull) is the pledged security In a respondentia contract, the cargo is pledged rather than the vessel The same risk-contingency structure applies to both — the lender loses the loan if the pledged property is lost to a maritime peril — but the subject of the hypothecation differs, and this





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