Research On The Legal Issues: Rightful Ownership In Historic Wrecks

With the development of scientific and technique,the worldwide historic wrecks have been found,various countries and people coming to realize its value,which leads to the ownership disputes between different parties.Facing with this situation,there are still no complete rules to solve these rising problems.My aim through this research paper is to establish proper ownership rights in historic wrecks,as well as to resolve disputes with the existing dispute-settlement system.Trying to define the exact ownership helps the owner realize his rights and understands the value of cultural property to a nation,even the whole world history.The first chapter illustrated the fundamental theories of ownership of historic wrecks,and then raised the point of theories by analyzing the Civil Law and the Real Right Law for seeking the particularity from the universality.The second chapter focused on the object of the rightful ownership.By making difference between wrecks and historic wrecks,it explicitly defines the legal nature of historic wrecks in juridical layer,which laying a foundation for designing the exact ownership.The third chapter designed the adscription of the ownership in different types of historic wrecks and various sea areas on the basis of the forgoing discussion.Consequently,it offered an approach to solving the problem of confirming ownership.The last chapter discussed the deficiency of legal system of the ownership on account of our current juridical circumstances.Accordingly,it makes suggestions on how to rectify the insufficiency in order to be compatible with the international law.Through this paper I will be trying to emphasize the value of historic wrecks to the country of origin and the private property owners,which is helping establish appropriate laws for historic wrecks.