On The Right Of Second-hand Ship Sale And Purchase Of Ships In Question

Second-hand ship sale and purchase is treated as one branch of sale of goods, which has lots of seminaries with ordinary cargo sales, however, it also governed by maritime law. Therefore, it has its notable characters. The emergency and the development of the legal system to protect the real rights in ship are the result of the prosperity of Real Right Law. The perfect legal protection system is much help to regulate and stabilize the relations pertaining to ships. Moreover, it can reduce and avoid to some extent the losses suffered by ship's creditors and provide a good legal circumstance for the booming development of ship financing and service trade at sea. Therefore, the research into this system has the profound theoretical and practical sense.This thesis adopts a mode of putting forwards problems, analyzing problems and solving problems to make a comprehensive survey of the content and structure of the system to protect the real rights in ships in second-hand ship sale and purchase. On the basis of comparative studies of some countries' and regions' maritime law concerning property of ship between the Civil Law and the Common Law, the respective features of these different countries' protection system are identified in several degrees. A lot of influential maritime cases and relevant international conventions are surveyed and analyzed. Especially some fundamental and specific issues regarding to the real rights of ship in second-hand ship sale and purchase in China are examined.This dissertation consists of four chapters. In Chapter I, the author introduces several standard forms of Second-hand ship sale and purchase, the main content thereof, and main rights and obligations of the both parties. Then the key problem, namely the transfer of ownership of ship is discussed in particular, and so is the arising of the disputes regarding to real rights of ship in Second-hand ship sale and purchase.Referring to the relation between ownership of ships and charter, security interest, Chapter II dwells on the characters of these real rights of ships, and their influence in Second-hand ship sale and purchase.Chapter III stresses the remedies for the ship buyer, including, inter alia, before entering into the contract, the execution of contract and ship delivery. As far as ship sale and purchase concerned, the key point is learning the existing real rights which may affect the parties' interests, then to solve them.Finally, for the reason of the different stipulations existing in different countries, the knowledge thereof is important to the parties. In Chapter IV, the legislation systems of real rights of ships in the world are generally presented. Meanwhile, the relevant content in REAL RIGHTS LAW published recently which may affect the exercise of the real right of ships is also analyzed. Because of large influence of real rights of ships problems in Second-hand ship sale and purchase, discussions on that are meaningful.Because this is a new area, maybe there are some deficiencies in this thesis. I hope the stuff can put forward some critical advice without conservation.