The Research On The Legal System Of Bareboat Charter In China

The legal system of Bareboat Charter is an important component of the Charter party legal system. Its extensive internationality has played a great role in promoting the development of international trade and shipping industry. The legal provisions of Bareboat Charter in China was mainly transplanted from Common Law and the International Standard Bareboat Charter, and after been affected and restricted by Civil Law, a number of conflicts and incoordination exist in the theory and practice. In view of the foresaid circumstances, this thesis selects the legal system of Bareboat Charter in China as its object of research to analyze and research its relative legal problems which remain to be solved, revised and improved.The topic selection of this thesis belongs to the type of legal system, which consists of three parts. Those are Introduction, the Body Part and the Conclusion. The author discusses background and significance of researching the legal system of Bareboat Charter in the Introduction Part. The Body Part is divided into eight chapters. In particular, Chapter One and Chapter Two are general parts, which discourse upon the concept, legal characteristic, classification of Bareboat Charter, Bareboat Charter parties and their rights and duties.The key point of this part is legal characteristic of Bareboat Charter. By the comparative study on legal characteristic of Bareboat Charter and that of General Property Charter, which includes the elaboration on whether Bareboat Charter may limits charterers'right to mortgage a vessel,the author points out that the legal characteristic of Bareboat Charter in China is actually one kind of Creditor's Rights rather than Property Rights. Chapter Three to Chapter Eight are parts of viewpoints, which elaborate the registration of a Bareboat Charter contract as well as the fulfillment, detention and auction of the bareboat. In this part, the author makes some research on the reason and legal characteristic of the registration and establishment of Bareboat Charter in China, the confrontation effect of Bareboat Charter registration, including the scope of invalid confrontation against the third part without registration. Afterwards, the author conducts some study on legal problems that arise out of delivery, taking over, operation, re-delivery and withdrawal of the vessel under a bareboat charter.Subsequently, the author researches the basis of jurisprudence for arresting and auctioning a bareboat vessel. Meanwhile, the author presents some proposals on the modification and improvement of Chinese Maritime Law and also tries to explore the solution route to the practical problems of maritime litigation in the above chapters of the Elaboration Part. In the Conclusion part, the author illuminates the main viewpoints, limitation and deficiency of this thesis.