On Registration Of Real Rights In Ships: An Adjective Approach Of Realization Of Substantive Law

Registration of real rights in ships,which is of great significance for the change of real rights in ship,is a special character of ship as chattel.However,at present,there are many theoretical and practical issues regarding to the legislations on registration of real rights in ships,particularly,due to the lack of knowledge of private adjective law in a long period of time,the registration legislation has been viewed as a public adjective law.And thus,it causes many obstacles to realize private substantive law.There are substantive and adjective differences between registrations of real rights in ships and realty.The registration of real rights in ships keeps the order of real rights in ships. China shall construct the system of general procedures,specific procedures and abnormal procedures regarding registration of real rights in ships by using the foreign countries' legislations experience on registration thereof and make a Proposal Draft of Act for Registration of Real Rights in Ships from the perspective of substantive law realization.This dissertation includes nine chapters as well as an appendix.Chapter 1 studies the approach in which substantive law achieves its objective through adjective law from the perspective of relationship of substantive law and adjective law,with a view that adjective law possesses independent values.Chapter 2 studies the value-oriented approach of registration with regards to variations of real rights in ships,as well as how to rely on adjective law and what kind of adjective law is required to realize the absolute values of registration thereof.Chapter 3 analyses the differences between the substantive law and adjective law regarding registrations of real rights in ships and realty,which play fundamental roles in the construction of procedure for registration of real rights therein.Chapter 4 analyses the legislative and practical issues resulting from current adjective law for ship registration and diagnoses the "pathogenic causes" of the procedure in a systematic way,which lays the foundation for further legislation on ship registration.Chapter 5 analyses the laws of foreign countries and areas on ship registration and discusses how to use the legislative experience thereof for references in the course of China's ship registration legislation with a view of comparative jurisprudence.Chapter 6 explores the legislative style,structure and legislative principles of China's act for registration of real rights in ships and suggests that the ships and their registrations shall be regulated in a legislation,which shall possess five chapters.Chapter 7 constructs the general procedure for registration of real rights in ships and tries to set up the theoretical system thereof.Chapter 8 studies the registration of various real rights in ships,including the propertised right of creditor concerning ships and gives an analysis of the summary procedure for registration of real rights in ships.Chapter 9 studies and constructs the special registration procedures for registration of real rights in ships,including omitted registration,advance notice registration (vormerkung),correction registration and objection registration(widerspruch).Finally,the appendix to this dissertation puts forward a Proposal Draft of Act for Registration of Real Rights in Ships.