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A Study on the Comparison between the Regimes for Arrest of Ships in China and South Africa

Author: ZhaoYanWei
Tutor: MaYanQiu
School: Ocean University of China
Course: International Law
Keywords: China South Africa The ship seizure of system
CLC: D915.2
Type: Master's thesis
Year: 2008
Downloads: 18
Quote: 0
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Abstract


In maritime litigation, maritime claims one of the people most concerned about is how the attachment of the property of the defendant, in order to ensure the future judgment in favor of propertied available for the implementation. The higher the value of the ship, often become a maritime claimant preferred property, and therefore long-term maritime judicial practice, the seizure of the ship has become the most typical, the most important maritime claim preservation mode. This may be a commonplace problem of 1999 after the promulgation of the \the improvements, some problems still controversial, some issues have not been adjusted. These problems need attention, further research needs to be someone. The arrest of a ship system in the development of our country only a short 20 years of history, by drawing on international conventions and practices of other countries, and basically complete arrest of ships system is established on the basis of their the Maritime trial practice, during this period, China ship with other countries and the International Covenant on seizure system has some contact has a certain distinction, maritime judicial system with Chinese characteristics. South Africa's maritime law the deep English law tradition and origins, in recent years, its bold and innovative legislation, dare to break the stereotypes and their associated ship systems for the majority of the world's maritime nations did not accept, but it quickly became South Africa around the world maritime claimants application for the arrest of the preferred land and maritime litigation center in the Asia-Pacific region, and this is an indisputable fact. It can be said that the maritime legislation in South Africa is a rising star, but it's unique long aroused widespread concern in the world, especially its maritime legislation also better than the British, worthy of countries to study and learn from. This paper attempts a preliminary comparative study of the seizure of the ship and judicial practice both China and South Africa, at the same time understand the South African system of seizure of the ship in order to promote and improve our system of the seizure of the ship. This article will discuss the core issues in the arrest of a ship system, namely the arrest of a ship in the form of litigation apply for the arrest of the ship, the maritime claims and the scope of the seizure of the ship, the ship seized guarantee and counter-guarantee, as well as wrongful ship arrest and seizure of the ship auction a preliminary study on the links and differences between the seizure of the ship systems of both China and South Africa. Shipping enterprises in China to avoid risks in South Africa will also propose countermeasures. The paper is divided into six chapters. First chapter gives a brief introduction to the legislation applicable; China and the South African system of seizure of the ship to South Africa due to the small domestic articles dealt with South Africa on Arrest of Ships, system and existing articles focus on the discussion of the associated ship regime in South Africa, so buckle the lack of a correct and comprehensive understanding of other aspects of the ship systems, this article will be the second chapter in the draws heavily on the basis of Chinese and foreign scholars monograph highlights the contrast in the form of the arrest of ships in China and South Africa on Arrest of Ships, system; relatively comprehensive range of maritime claims between China and South Africa in the arrest of ships system, in contrast to related systems in South Africa at the same time, this paper has questioned the view of some of the leading academics, own ideas and our ship seizure system future legislation proposed preliminary recommendations. Comparative study in Chapter IV of this article will be China and South Africa can be an arrest has range and comprehensive introduction to the associated ship regime in South Africa, at the same time for shipping enterprises in China and how to avoid risks in South Africa put forward countermeasures. The fifth chapter discusses the content of guarantees and counter-guarantees and error Arrest of China and South Africa on Arrest of Ships, system, this article will make legislative proposals in the determination of the amount of the guarantee and error arresting recognized standard. Chapter VI deals ship judicial auction problem, this paper focuses on comparison of South Africa judgment the former ship judicial auction, as well as the allocation of the proceeds of the ship.

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