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The Research On The Transfer Of Ownership Of Shipping Goods

Posted on:2008-11-04Degree:MasterType:Thesis
Country:ChinaCandidate:F XuFull Text:PDF
GTID:2166360212981247Subject:International Law
Abstract/Summary:PDF Full Text Request
The transfer of ownership of goods is originally within the regulating scope of international trading law, thereupon, with regard to the issues that whether the ownership of shipping goods is transferred, when to transfer, the evidence of transfer and voucher, most scholars judge the aforesaid in accordance with relevant regulations of international trade law, whereas overlooking the particularity of the transfer of ownership of shipping goods. In fact, the transfer of ownership of shipping goods is a complicated issue; it is a specific phenomenon of the combination of international trade and international shipping, therefore, the transfer of ownership of shipping goods is relating to two basic issues, namely the international trade and international shipping. With respect to the research of the subject issue at present, most of them are in the point of international trade view, whereas overlooking the important aspect of international shipping, those scholars hold the solution of the subject matter only has the influence on the interests of the seller and purchaser in the international trade, not dealing with other parties' interests, especially has nothing influence on the parties in the transport field. However, if without international shipping actually, the transfer of the ownership of goods could not be achieved and the international trade could not be accomplished either, therefore, if we research the subject issue purely in the view of international trade or international shipping, inevitably, it could not solve the complicated problems in the practice due to the limitation of the method. In consideration of the special role of bill of lading in the transfer of the ownership of shipping goods, we should anatomize the legal system relating to the transfer of the ownership of goods and bill of lading thoroughly, afterwards, we should conduct the research in combination of relevant regulations of civil law relating to the transfer of the ownership of goods, relevant regulations of maritime code relating to bill of lading and the corresponding international trade custom. There is not any scholar makes the systemic and thorough research in this angle at present and they never get uniform understanding, some views need further discussion,either on the research methodology or on the scientificity of conclusion; some judges in the legal practice also need further consideration.Through reviewing the relevant regulations of various countries of civil law system and Anglo-American law system, the author make the systemic research of the subject issue and expound the transfer of the ownership of shipping goods in a fire-new angle in combination of international trade and international shipping, expecting to make active and useful instructing effect to the theory and practice of international trade and international carriage of goods by sea.
Keywords/Search Tags:Shipping Goods, Transfer of the Ownership of Goods, Possessory Lien, Right of Control, Right of Suit
PDF Full Text Request
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