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Some Legal Issues in Systerm of Arresting Ship

Author: ZhaoPeiGeng
Tutor: YaoHongXiu
School: Shanghai Maritime University
Course: International Law
Keywords: Arrest of Ships nature Arrest of Ships range Arrest of Ships ways Ship Auction Allocation of the debt service
CLC: D915.2
Type: Master's thesis
Year: 2001
Downloads: 96
Quote: 2
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Abstract


Issued by the Special Maritime Litigation Procedure Act (hereinafter referred to as sea v. France) to develop the first systematic and complete system of China's arrest of ships, a landmark in the history of China's maritime litigation. On Arrest of Ships in a cutting-edge system in maritime litigation, and the importance of the status of research on Arrest of Ships system with a realistic and long-term significance. The context of the evolution of the system of international Arrest of Ships and China's specific national conditions, made a feed of the arrest of ships in the sea v. Law system. Mainly related to an arrest has the nature of the regime, the scope and manner of the arrest, the ship of the auction and the debt service and other issues. In the latest judicial practice in maritime litigation, cited the assessment, recent Chinese and foreign cases, reference point of view of Chinese and foreign scholars on the basis of that present relevant issues in this area, with a comparative demonstration by the arrest of ships system in different historical the comparison jurisdictions comparison maritime litigation and civil litigation, substantive rights and procedural mechanisms relations discussion, and raised in the discussion of the author's own views. Arrest of Ships, the system of legal property of maritime preservation,. Double impact on Arrest of Ships of the civil law and the latest international system, China's arrest of ships system originated in the property preservation system, independent of the system of property preservation. British action in rem system has a major impact on China's arrest of ships system, sea v. France absorbed many procedural and substantive advantages of an in rem action, to develop and perfect the system of China's arrest of ships. But this absorption did not change the fundamental principles of our maritime litigation action in personam, no contradiction and conflict between maritime and civil litigation. The arrest of a ship range, is an important part in the arrest of ships system. The ship is the special object of the law, its particularity is reflected in the ship above the complex variety of legal relations, to define the scope of the ship is whether it is capable of being attached to bring trapped rope. The legal relationship involves chartering the ship could be seized as an example, practice misrecognition One is that such a ship will not be allowed to detain another that provide the full amount of the counter-guarantee conditions are seizure. The author's view is that in such cases, starting from finding the responsible entity to suitable the entity responsibility artificial of the Arrest of Ships conditions by the applicant on Arrest of Ships. As responsible for the actual carrier with the ship there is no relationship between the time charters of the grounds of arrest of ships. In short, the arrest of ships should be exercised substantive rights, unity. Current on Arrest of Ships the way live buckle and Sikou of multiple buckle and repeat the buckle of the points. Reasonable premise, two ways have their live buckle and Sikou of different characteristics to the pros and cons, and should have sufficient knowledge of this practice. It should also be transformed with each other under certain conditions may allow two ways. Many times an arrest has a clear legal basis, but the current sea v. France at this point slightly vulnerability. Although there is no specific legal basis for repeated arrest of ships, but the implementation of the necessary, and does not violate the principle of forbidding the Procedure Law duplicate litigation. As a complete system for the Arrest of Ships, including the ship auction and repayment. The Sea v. France for the first time this part into the arrest of ships system, a change in the past the two legislative style. Terminal program the the ship auction and repayment Arrest of Ships, the system related to the current price of the ship, whether the debt can be allocated, how to allocate important matters. Auction procedures and repayment procedures constitutes a more independent secondary program. The auction program is the establishment of a provisional court auction houses, with a commercial auction of the property of the debtor committed penalties behavior. Repayment procedures for the allocation of ship models, with the essential difference of Civil Procedure procedure of bankruptcy repayment program is indeed the right v. unique. The authors discussed the aspects involved an arrest has the basic outline of the system, there is still a lot of content does not address. Of thought, thorough understanding and use of arrest of ships system should adhere to this guiding ideology: justice proceedings, and efficiency as the goal, focusing on the coordination the sea v. Law and Civil Procedure, the substantive law and procedural law are Royal connection support relative overflow Chang, and on this basis, the unity of recognition and justice, expanding the impact of China's arrest of ships system in the world.

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CLC: > Political, legal > Legal > UNIVERSITY > Procedural Law > Civil Procedure Law
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