A Study On The Transfer Of The Ownership Of Vessel

The transfer of the ownership of vessel is a very important issue in the study of vessel's ownership. Based on the theory of transfer of ownership in civil law and with a reference of maritime law and relevant judicial practice., this paper makes a thorough study of the transfer of vessel's ownershipThis paper is divided into seven chapters. The first chapter discusses the reason of the transfer of vessel's ownership, including the contract, legal incident, and the behavior in the public law. The second chapter discusses the time of the transfer of vessel's ownership, and analyzes with special emphasis the transfer of ownership of a vessel under construction. The contribution of risks in the transfer of vessel's ownership is also discussed in this chapter. The third and the fourth chapter discuss the principle of public demonstration and the principle of public trust respectively, and analyzes the necessity and possibility of adopting the registration of transfer of vessel's ownership against the third party. The author suggest that the Chinese legislation adopt the principle of public demonstration and the legal effect of public trust by registration, and also suggest that the acquisition by possession from goodwill be recognized. The fifth chapter discusses the protection of die third parties (e.g. the vessel's mortgagee, the vessel's charterer, the vessel's insurer etc.) in the transfer of vessel's ownership. The sixth chapter discusses the protection of the interested parties involved in the transfer of vessel's ownership and analyzes the importance of the preliminary public notification of vessel's ownership. In the end, the author makes two suggestions for the amendment of the CMC. First, the transfer of vessel's ownership due to legal behavior should take a written form; second, the regime of preliminary public notification of vessel's ownership should be established so as to protect the interested parties in the transfer of vessel's ownership.