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On Maritime Injunction

Author: DuChaoMing
Tutor: ZhangXiangLan
School: Wuhan University
Course: International law
Keywords: Maritime Injunction Property Preservation Advance Execution Mareva Injunction Action Preservation
CLC: D925.1
Type: Master's thesis
Year: 2005
Downloads: 154
Quote: 1
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Abstract


Maritime Injunction is a new statutory rule regulated in Special Maritime Procedure Law of the People’s Republic of China, which was carried out in the year 2000. It solved the long-existing problem faced by Chinese maritime court to protect the lawful interest of the claimant through ordering the defending party of the application to do something or not to do something without improperly applying property preservation and advance execution. The production of maritime injunction adapted itself to the special need of admiralty adjudication and it initiated a precedent of action preservation in China.This thesis consists of three chapters. Chapter one expounds on the concept, characteristics, significance and judicial practice of maritime injunction. The author consents to the opinion that maritime injunction has the characteristics of action preservation and it exerts great influence on the protection of both the claimant and the defending party of the application. In the part of judicial practice of maritime injunction, the author expounds on the special important conditions and procedures that the claimant should observe.In chapter two the author makes a careful comparison between maritime injunction and such relevant judicial rules as property preservation, advance execution, maritime claim preservation, maritime evidence preservation and Mareva injunction through analyzing some typical judicial cases. In the end of this chapter the author gets the conclusion that the existing law of preservation can’t be applied to all the circumstances in which preservation should be used, therefore it is necessary to set up a new rule of action preservation in Chinese Civil Procedure Act.Chapter three expounds on the perfection of relevant issues in maritime injunction and the enlightment of the perfection of maritime injunction to the establishment of action preservation.

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Civil Procedure Law
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