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有关船舶优先权的法律适用理论主要有法院地法、船旗国法、原因行为准据法、最密切联系地法以及船舶所在地法律。在我国,船舶优先权的法律适用采取的是法院地法主义,但有诸多学者反对适用法院地法,而主张适用船旗国法理论。通过讨论上述理论,并着重分析法院地法与船旗国法之间的利弊,得出我国目前仍应适用法院地法的结论。
The theory of law applicable to maritime liens mainly includes the law of the court, the law of flag, the law of conduct, the law of closest contact and the law of the place where the ship is located. In our country, the law applicable to the priority of the ship adopts the legalism of the court. However, many scholars oppose the application of the law of the court and advocate the application of the theory of the flag state. By discussing the above theories and focusing on the advantages and disadvantages of the law of court and the flag law of court, we can draw the conclusion that our country should still apply the law of court at present.