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Comparative Study on the System of Arrest of Ships between China and Korea

Author: CuiShengXiong
Tutor: GuoPing
School: Dalian Maritime University
Course: International Law
Keywords: Seizure of the ship Ships execution Maritime claim Action in rem Guarantee
CLC: D912.29
Type: Master's thesis
Year: 2006
Downloads: 91
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Abstract

Ship sailing to the various regions of the world features and mobility characteristics , the relevant maritime litigation or arbitration of disputes , including many international factors . Especially China and South Korea, geographic proximity and the world trend , the two countries ship to enter or depart frequently , or large or small accidents at sea , maritime transport and related disputes have occurred . The international dispute indisputable domestic dispute by agreement or settlement between the parties to resolve the dispute is the most reasonable , but negotiation is impossible to solve , litigation or arbitration of the dispute settlement methods should be considered . However , because of the characteristics of the ship has sailed , the creditor through litigation can not easily solve maritime disputes . Sue , often waste time ; receipt of a final judgment debtor has no property , in fact the implementation of the judgment of the ship is also impossible . Creditors should consider the possibility of future execution or proceedings . For the future implementation of the preservation One solution is to require the debtor to provide security by the arrest of the ship . In order to achieve the purpose of the study , to take the following methods : First, the range of research in the field of seizure of the ship , including the Civil Law , Maritime Law ( Commercial Law ) , and the Civil Procedure Law , international procedural law , private international law and other . This thesis study the seizure of the ship in China Special Maritime Procedure Law of Maritime request the provisions of the seizure of the ship in the preservation system in South Korea , the arrest of the ship 's provisions on the Civil Execution Law to discuss the exercise of the rights of creditors and the debtor's remedies as well as introducing utilize programs to analyze the questions on the interpretation of the law obtained solution . Second , despite the arrest of a ship , one of the field is the main concern matters of maritime creditors , but examples of the practice is still small, therefore unite the legal and practical issues instructions . The papers may also exist many imperfections , but I hope this paper can be used by the relevant departments of China and South Korea are widely refer them to a deeper understanding between the two countries to the arrest of a ship system .

Comparative Study on the System of Arrest of Ships between China and Korea

Abstract

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