A Study On The Attachment Of Cargos Carried By The Ship

The attachment of cargos carried by ship is one of the extremely special systems in the Special Marinetime Procedure Law of the PRC and plays an important role in marinetime procedures. The enactment of the Special Marinetime Procedure Law of the PRC improves the situation of the attachment of cargos carried by ship. After the Special Marinetime Procedure Law of the PRC has been carried out for about four years, some legal issues arised, so the highest court issued a judicial interpretaton about the Special Marinetime Procedure Law of the PRC in 2003, but there are still some problems need to be considered.Making the Special Marinetime Procedure Law of the PRC, the Civil Procedure Law of the PRC and their judicial interpritations as its law basis and referring to international conventions, foreign laws, the laws of Taiwan and the newest academical views, this article deeply dicusses some important problems about the attachment of cargos carried by ship and puts forward some viewpoints accordingly. These problems are as follows:What are the cargos carried by the ship, the conditions of attaching the cargos carried by ship and what is wrong applicaton to attach the cargos carried by ship, how to distinguish the ownership of cargos carried by ship according to the B/L, What is the relationship between the attachment of cargos carried by ship and the attachment of the B/L, how about the relationship between the attachment of cargos carried by ship and the lien on cargos and the problem about the priority of the attachment of cargos carried by ship.