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Legal Research On The Problems Relating To Stipulated Fee Of Harbor

Posted on:2009-08-26Degree:MasterType:Thesis
Country:ChinaCandidate:X P DengFull Text:PDF
GTID:2166360242474298Subject:International Law
Abstract/Summary:PDF Full Text Request
There are lots of kinds of fees for vessels when coming in harbors in the transport industry in the modern sea. In every country and every region, the harbor charges have different requirement because of the different legal systems, business practices and other different systems. Even in the same country, different parts of different harbor charges may also be different. In China, stipulated fee of harbor is the most common and most important kind of harbor fees.The creditor's rights that can be secured by maritime lien are provided in Article 22 of CMC. As is concerned in Art.22 of CMC, the stipulated fee of harbor is secured by maritime lien. But in practice, the definition and the scope of the stipulated fee of harbor are not clear enough. Based on the analysis of the various harbor charges and the combination of laws and regulations, this issue makes a definition of the stipulated fee of harbor and makes the scope of the fee clear to us. This issue also compares the stipulated fee of harbor with harbor due, and finds out the differences between them.We often meet the subrogation and assignment of maritime lien in practice. As we know, the stipulated fee of harbor is a kind of administrative charges. So can maritime lien be transferred? Can maritime lien be subrogated? This issue carries out a detailed analysis for this. And at the same time, the issue finds out a better way for protecting the agent who has substituted paid the stipulated fee of harbor.China is increasing the intensity of collection of the stipulated fee of harbor. Although there are plenty of laws and regulations on collection of the stipulated fee of harbor, there are lots of oversights in practice. The oversights have greatly affected on China's financial revenue and harbor construction. This issue analyses on our China's current legislations on stipulated fee of harbor and practice, and makes constructive comments on the problems of current laws and regulations and in practice.
Keywords/Search Tags:The Stipulated Fee of Harbor, Maritime Lien, Subrogation and Assignment of Maritime Lien
PDF Full Text Request
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