The Study On The Issues Of Applicable Law Of Real Rights Of Ships

The purpose of this paper is to research how to choose the applicable law correctly and reasonably in the field of the real rights of ships . This paper takes such a research method that combines the method of civil law and the method of common law.Based on the basic conceptions, principles and systems of private international law, and integrating the real right theory of civil law and the specific stipulations of the real rights of ships in maritime law, this paper summarizes the main conflicts of law in the fields of the ownerships of ships, mortgages of ships, maritime liens and liens on ships, and illustrates the classification of the real rights of ships. On the basis of analyzing the advantages and disadvantages of each way of applying law, this paper discusses the legislative intentions embodied in each conflict rule. Emphasis is put on the problems existing in the course of the applying the law of flag, which is the most important applicable law in the area of the real rights of ships. Finally the paper points out the weaknesses in the concerned regulations in the legislation of our state, and poses some proposals to consummate the relevant stipulations in Chapter 14 of CMC.