On Acquisition, Creation, Loss And Modification Of Ownership Of Ships And The Protection Of Third Parties' Interests

The choice of effect of registration is the basic theoretical problem in the acquisition, creation, loss and modification of ownership of ship. This paper gives a detail analysis on the rationality of the rivalry effect of registration in comparison with inurement effect of registration and concludes the theory of duality of juristic act of real right. The interests of third parties are the soul of trade order. The interests between the parties to the acquisition, creation, loss and modification of ownership of ships and third parties shall be balanced according to bona fide doctrine, the principle of equity, the principle of authenticity effectiveness of public summons, and the principle of efficiency. The ranges of third parties, whether the third parties in good faith or in bad faith, whether the rivalry objects are only ownership or include other rights, etc. are important problems that must be resolved in ownership alteration in ships in order to protect third parties' interests. This paper explains the issues above-mentioned in accordance with the spirits of legislations. This paper also analyses the impacts of ownership alteration in ships upon third parties' interests and makes some suggestions on lawmaking of Real Rights Act and amending of Maritime Law.