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Ships Property Rights Law Applies

Posted on:2005-03-01Degree:MasterType:Thesis
Country:ChinaCandidate:Y YanFull Text:PDF
GTID:2206360182956151Subject:International Law
Abstract/Summary:PDF Full Text Request
The main purpose of this thesis is to study how to choose suitable and reasonable law properly in the area of ship's title, and tender a accurate guidance to resolve the issue about the subsistent conflict of law.The article generalizes the primary conflicts of law in the areas of ship's ownership, mortgage, maritime lien and lien, which is on basis of the essential conception, principle and system of international private law, and together with special regulation on ship's title in maritime law.The chapter one in this thesis discusses the prime idea, characteristic and extension of ship's title, then makes brief analysis on conflicts of law in the areas of ship's ownership, mortgage, maritime lien and lien, After general discussion, the author studies the issues about application of law respectively in the fields of ship's ownership, mortgage right, maritime lien and right of lien, and analyses the main principles of law's application, such as the rule of flag, court's law, governmental interests analysis and doctrine of the most significant relationship etc., in the area of international maritime private law separately in following four chapters, In the end of these chapters, the author emphasize to research the most important formula of attribution, law of the flag, in the field of international maritime private law.The chapter seven is the summarization of this thesis, the author table a proposal on the modification of the Chapter Fourteen of Maritime Code, P.R. of China, which is the provision regarding the law's application in the area of maritime legal relations involving foreign elements. This thesis aims to do some benefit to the modernization of Chinese international maritime private law.
Keywords/Search Tags:ship's title, conflict of law, law's application, law of the flag
PDF Full Text Request
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