The Influence Of The Real Right Law On The System Of Chinese Real Right Of Ship

Real right law, part of the civil law, is the basic rules to regulate relations of property. After a long and devious legislation, Real Right Law of the People's Republic of China finally comes out and puts in practice. It will exert significant influences on every aspect of economic life of the society, shipping also included. There are four chapters in the paper. It tries to read between lines, analyses how the Real Right Law will influence the system of real right of ship in our country, and what the trend will be if the part of ship's real right in Maritime Code of China emends.Chapter one introduces the legislative background and the significance of the Real Right Law, explains some basic definitions that mentioned in the article, and briefly analyzes the relationship between the Real Right Law and the real right of ship.Chapter two talks about the registration of ship's real right. Before the Real Right Law comes out, there are disputes on registration of ship's real right between civil law and maritime law; scholars have different opinions, too. The Real Right Law chooses registration antagonism pattern to unify the former situation. Although the choice of the Real Right Law will prompt the trade of ships to be more rapid, its innate fault may go against the protection of safety of trade, so several remedies should be made to amend its limitation. Since France has set up series of measures to protect the safety of trade, the article mentions some of them to be a reference for our country.Chapter three discusses possessory lien on vessel. The Maritime Code of China prescribes it a narrow definition and a limited content, which makes many obligees can not perform their right well. The Real Right Law enlarges the bound of lien, brings these people in and insures their rights with its direct regulation, even the lienor under the Maritime Code can use it when the Maritime Code has a blank. The writer suggests that in the future when the Maritime Code is emended, we can take the Real Right Law as a principle, in the mean time consider the particularity of maritime law, to rich and improve the definition and content of possessory lien on vessel.Chapter four concentrates on the real right of vessel under construction. The real right of vessel under construction is a blank in legislation from all the time, the Maritime Code just has a few words, and the Real Right Law is not much better than that. However, it is a urgent problem to handle. The article tries to start with the basic and fundamental rules in the Real Right Law, and explains how they can be used on the ownership and mortgage on vessel under construction, hopes to bestead the legislation of its real right and the practice of mortgage and financing on ship building.In the paper, several research methods are used, including analysis of comparison, analysis of history, analysis of logic, analysis of Marxism Dialectic, analysis of words, and so on.