Study On The Creation Of The Usufructuary Right Of Ship System

There are four kinds of real rights of ship in the chapter II of the Maritime Code of the People's Republic of China, which are the Ownership of ships, the Mortgage of ships, the Maritime Liens and the Possessory Liens. All the rights are the Real Right of Pledge of Ship except the Ownership of ships. Though the Usufructuary Right of Ship has not been set in the Maritime code of the People's Republic of China, the right of Bareboat Charter is in line with the legal characters of the Usufructuary Right. The promulgation of "property rights law" perfected many sides of real right system and the real rights of ship system should also be upgraded. As a consequent, the creation of the Usufructuary Right of Ship system is of great significance in establishing and perfecting the real rights of ship system.The thesis adopts method of comparative research approach to analyze the theoretical basis and the practical significance of the creation of the Usufructuary Right of Ship system.To begin with, section one of the thesis reveals the definition of the Real Right for Usufruct and its characteristic which is set by the Property Law of the People's Republic of China and concludes the situation of study on this issue in our present academic community. In addition, the legal nature of Bareboat Charter which is the focus that the Usufructuary Right of Ship whether exist or not is analyzed and reaching the conclusion that the right form Bareboat Charter is a kind of Usufructuary Right in section two. Last but not least important, the three and four sections indicate the theoretical basis and the practical significance of the creation of the Usufructuary Right of Ship system. Finally, this thesis also gives some opining about how to establish the Usufructuary Right of Ship system.