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Impact of Expropriated and Auctioned Ship by Administration on Maritime Liens

Author: YanLinXiang
Tutor: HanLiXin
School: Dalian Maritime University
Course: Legal
Keywords: Public power Private Rights Confiscate Auction Maritime Liens
CLC: D922.294
Type: Master's thesis
Year: 2011
Downloads: 28
Quote: 0
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Abstract


Administrative authorities confiscated the ship , maritime liens whether the exercise of maritime liens ? Touches to public power and private rights conflict has been a sensitive issue . Academia has two entirely different views , the practice also has a different case processing results . To this end , the author attempts to be reasonable and limitations of starting from two points of view on this issue for further analysis . First of all , the author that in the private abuse of the right to be contrary to the public interest , the public authority for regulation of private rights , public power superior to private rights ; in the exercise of private rights not from the theoretical level of public power and private rights conflict contrary to the public interest , the interference of public power for private rights can not be wantonly expanded . Secondly , I specifically from the confiscation of the executive authorities and the auction of the ship level , analyzing the meaning of administrative confiscation of the ship and the nature of the auction , and the legal consequences of the different views of scholars on this issue , that personal problems views , and on the basis of current law as well as international conventions . Finally, I pass a summary of the above analysis , the handling of such cases that a distinction should be made between the different treatment of such cases do different processing , administrative confiscation of the ship after the original ship priority to administrative organs request repayment from the proceeds of the auction of the ship , and put forward a request repayment of several legal issues should be noted .

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