ABSTRACT
The maritime mortgage is considered a contractual pledge that creates the objective right of the mortgagor on the maritime property to guarantee the payment of his claimant. Considering the strong economic and commercial effects and importance of supplying ships' necessaries on marine transport, the main question of this research is what is the position of maritime law for the supplier of necessaries in line with his claimant and the ranking of his right in conflict with the naval mortgagor's right Does it take into account? In response, by applying the descriptive-analytical method and using library resources, it was concluded that in American law, while amending and updating laws according to commercial needs and requirements, in some cases explicitly or implicitly, the demand of the supplier The needs of the ship have prevailed over the demands of the mortgagor. Also, common law and general legal principles have established conditions and rules regarding transactions related to the provision of ship's necessaries to protect other creditors, including the mortgagor. Violation of any of these conditions and regulations can lead to the loss of priority and superiority to the extent of other maritime claimants without contractual and judicial guarantees. Therefore, foreign naval law does not face any challenge in terms of the existence of binding rules regarding the conflict and encroachment of the right of the mortgagor and the supplier of necessaries, but regarding Iranian law, the law needs to be reformed and updated, and proposals have been made in this regard.
 

INTRODUCTION

Since Iran has about 2700 km of water border and on the other hand, due to the bulk transportation of commercial cargoes through ships in the sea, the issues related to maritime transportation, including the conflict of rights of maritime creditors, are of great importance. No independent work has been written in Iran regarding the conflict between the rights of suppliers of ship's necessaries and other creditors, including maritime mortgagors; Therefore, in this article, an attempt has been made to define the ship's necessaries, to explain the rights of the supplier of the ship's necessaries and its rulings, as well as to explain how to resolve the conflict between these rights and the maritime mortgagor's right.

MATERIALS AND METHODS

The following article, with the descriptive-analytical method and using library resources and legal documents, seeks to investigate the solutions to conflict and conflicts arising from the provision of ship's necessaries and maritime mortgagor, with an emphasis on the laws of Iran, England, and America. In England, in addition to the judicial procedure, the English Merchant Shipping Act of 1995, which came into force on January 1, 1996, with subsequent amendments, and in the United States, the Commercial Instrument and Maritime Liens Act (CIMLA), which replaced the Ship Lien Act of 1920 in 1989, apply to mortgage and Maritime lien prevails. In our country, the maritime law of 1343 is also valid in this field. Therefore, this article is formatted in two main topics: "Description of provision of ship's necessaries, its conditions and provisions" and "Conflict between the right of the supplier of necessaries and the maritime mortgagor".
 

RESULTS

this first part will describe the provision of the ship's necessaries, its conditions and provisions, and then the conflict between the rights of the supplier of the ship's necessaries and the maritime mortgagor will be evaluated and analyzed based on the principles and rules of Iranian, English, and American law.
 

DISCUSSION AND CONCLUSION

In order to solve the defects, it is suggested that the legislator, by using the legislative experience and judicial procedure of advanced countries, maintain the maritime lien on the ship for the providers of necessaries, forming a maritime court, and facilitate the enforcement and enforcement of the rights of maritime creditors, should rush to support the aforementioned. Paying attention to the legal personality of the ship can play a constructive and important role in this development.