Study On Extinguishment Of Security Right On Ships

This thesis covers the area of the extinguishment of security right on ships in maritime law. Security right on ships has something in common with normal security right, but it has its unique characteristics as it's a kind of right with respect to a ship. At the same time, security right on ships includes mortgage of ships, maritime liens and possessory liens on ships. Each has its own characteristics too. Existing laws is disperse and self-contradictory at some points. As to some problems, there's even no regulation at all. Thus a lot of problems arise both in theory and in judicatory practice.Based on the normal theories of security right in civil law and in view of special characteristics of ships and the trend of the development of the law system of security right and with a study on the laws of other countries, this paper tried to have a all-around and systemic study on the problem of the extinguishment of security right on ships, evaluate on the existing laws and put forward some suggestions on the modification of laws. This thesis is divided into five chapters except the part of introduction and the part of conclusion. The first chapter studies on the common reason of the extinguishment of security right on ships on the whole. The next three chapters study on the three kind of security right on ships individually. The second chapter mainly discusses the problem of period of mortgage of ships. The third chapter discusses the unique cases of the extinguishment of maritime liens. The fourth chapter mainly discusses the case when the obligee lost his posses of ship. The fifth chapter discusses the case of relative extinguishment of security right on ships.