Research On Legal Effect Of Ship Registration

Ship registration means an administrative act to grant nationality, including rights and obligations, to a ship, which is a legal fact that the applicant who has title over a ship files an application with relevant documents to the ship registration authority, reviewing the documents, the authority will register the ship and issue certificate in the name of the state, if conforming to the legal requirements. Alteration of real right in ship often involves in the market economy. One of the methods of public notice for real right is registering. Since legal system of registration is important and complicated, especially its effect is still a vexed question in theoretic circle, it is sure for legislators to lay emphasis on registration. As to the legal effect of ship registration, CMC adopted the general "Doctrine of Antagonism" that the alteration can not act against a third party unless registered, which is inconsistent with "Doctrine of Effectism" in Civil Law and Collateral Law that the alteration will not take effect unless registered. China is launching a movement of real right legislation, which altering pattern shall be adopted is a foremost problem before legislators who must make definite stand, especially with respect to such movable properties as ship, vehicle, air craft, etc. The author thinks that the former is the best choice not only favoring transacting safety and promptness but also doing no harm to fairness. This thesis first contrasts different theories on legal effect of registration in civil law, then ascertains the scope of the third party, finally demonstrates the problems of ship registration and choice of effect pattern. Hope it to be helpful for the amendment and improvement of current stipulations.