Study On The Limitation Of Public Power To Real Rights In Ships

The guarantee to the property right is one of most important support in modern democracy country. Most of countries constitution in modern age have treated property right as constitutional and basic human right, being take into guarantee appropriately, and being take the absolute property right as to be very superior position. However the absolute free idea in property right result in some serious social problem such as the sharp opposite between the labor and boss. The idea of absolute property right turns into the foundation as individual exercises social duty. When individual enjoys property, he should have regard for the social public welfare. The property right bears the social duty, and the exercising of property right must be beneficial for social public benefits, which contents and boundary should be legislated by laws and regulations. Therefore, there are some limitations by public power to the private possession base on the demand of public welfare. Such as real rights in ships, one of the property rights, also has faced with the same problem.This paper studies on the public laws and regulations' limit to the real rights in ships. The public power appears in shipping auction, requisition, expropriate, etc. Some of legal facts deprival of the real right of ships, such as shipping auction, expropriate deprive the ownership of the ship owner; others make limitation to the property right, such as requisition to the usage. This paper discusses the consequence of the public legal fact to the ships' ownership, lien, mortgage, by anglicizing the influence of public laws and regulations in the private property.