Font Size: a A A

Study On The System Construction Of The Real Rights To Maritime Space Under The Property Law

Posted on:2008-12-27Degree:MasterType:Thesis
Country:ChinaCandidate:Y Z ZhangFull Text:PDF
GTID:2166360242969830Subject:International Law
Abstract/Summary:PDF Full Text Request
The increasing scarce of resources attainable on land and the accelerating progress of technology bring it both necessity and possibility to explore maritime space in a larger extension. At present, in many coastal countries the maritime space has became a major source of strategic goods and materials which play an important role in their economic development. But in our country, the legal status of the so-called "Blue Territory" obviously lags behind its economic status. Our relevant legislation exposes several shortcomings, for instance: the law's effect is not high enough, the property rights to maritime space are not clear, the dynamic of the civil law protection is insufficient and so on. Fortunately, the recent promulgation of the Property Law of the People's Republic of China is really a Gospel for maritime space legislation, which will greatly promote the establishment and consummation of system of property rights to maritime space. This article intends to study the system construction of property rights to maritime space under the new Property Law. The article is composed on the basis of taking the maritime right of use as a core, and studies the following issues:Chapter 1 simply explains the importance and exploring ways of maritime space in the contemporary society, inspects the relevant legislation history, then draws out the concept of "Maritime Space's Ownership" and furtherly emphasizes its private right nature in order to lay a foundation for the creation of maritime right of use.Chapter 2 gives a brief account of the maritime right of use. It generalizes the concept of maritime right of use, and analyses its legal nature as a typical usufuctuary right on estate step by step so as to seek basis on witch the concrete rules form property law may be applied in the field of maritime space. Chapter 3 goes round the relationship between the owner and the user of maritime space, and introduces the creating and exterminating procedure of maritime right of use. "Value Orientations in the First Level Market of Maritime Right of Use" is the theory basis of the legislative arrangement involved in this chapter, and is also the guiding ideology in dealing with the relationship between the owner and the user of maritime space on the level of both legislation and execution.Chapter 4 is a detailed representation on the transfer of maritime right of use. In representative sections, it discuses several legal issues possibly occurred in the negotiation, heritance, succession, mortgage, investment, hire or contract of maritime right of use. The principle of public summons and public trust acts as a thread penetrating the whole chapter, and the concrete application of rules from property law in the maritime field is displayed clearly.Chapter 5 studies the legal protection for real rights to maritime space. According to the difference of remedy means, this chapter is divided into tow sections. The first section shows a minute inspection on the legal nature of the four remedy means including to stop encroaching, to remove barriers, to prevent impairs and to retune property. Are they tort responsibilities or rights of real claim at all? After discussion, it reaches such conclusion that they shall belong to rights of real claim and the legal remedy for real rights to maritime space shall adopt the rights of real claim mode. The second section has a try to advance solution mechanism in cases when the compensating claim from the user conflicts with that from the owner of maritime space, and in Writer's opinion the user's claim shall be titled to realize firstly.
Keywords/Search Tags:maritime right of use, usufuctuary right, public summons and public trust, remedy mode
PDF Full Text Request
Related items