The Research On Theory Of The Antagonism Of Bareboat Charter Of China

This paper is focus on construction of the theory of the antagonism of bare boat charter. The theory of the antagonism of bare boat charter is originated from the theory of the antagonism of right of lease. In the process of theoretical construction, the issues which are caused in the theory of the antagonism of lease such as the legitimate reasons why right of lease have the priority over other rights, the essence of the right of lease, the legal effect when lease gain priority over other rights and the scope of other rights are also caused in bare boat charter. The theoretical construction of bare boat charter also has its special issue which is whether the identification of liability subject of tort liability and breach of contract during the period of bare boat charter should be include in the theory of the antagonism of bare boat charter. Based on the theoretical issues above, this paper establish the model of formal logos of the antagonism of bare boat charter through clarify these issues. On this basis, the author give the suggestion of programme to the judicial interpretation and legislation of our country, from the theory of legislation and the theory of explanation.The first part of this paper expounds the meaning, characteristic and elements of the antagonism of bare boat charter, which lays the foundation for the later discussion.The second part of this paper discusses the theoretical basis of the antagonism of bare boat charter includes:the legitimate reasons why the bare boat charter get the priority over other rights, the essence of the bare boat charter and the demonstration of the bare boat charter.The third part of this paper combined the theoretical basis’s of the antagonism of bare boat charter, clarifies the legal effect when bare boat charter gain priority over other rights which attach to specific ship and the scope of other rights.The fourth part is built on the basis of the above argument. Firstly finish the formal logos model of the antagonism of bare boat charter; secondly, according to the theory of legislation, give legislation suggestion to improve the theory of the antagonism of bare boat charter.Finally, from the theory of the explanation, the paper provides the judicial explanation method for relevant rules of the theory of the antagonism of bare boat charter.