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Study On Legal Issues Of Maritime Lien In Maritime Cross-Border Insolvency

Posted on:2018-04-28Degree:MasterType:Thesis
Country:ChinaCandidate:H Y GeFull Text:PDF
GTID:2336330518954718Subject:Law
Abstract/Summary:PDF Full Text Request
Maritime lien is defined as a kind of privilege which is owned by some specified maritime creditors according to the maritime law.As a unique system of maritime law,it embodies the protection of some particular subject by maritime law.Under normal circumstances,it's not complicated to realize maritime liens;however,in the case of cross-border maritime bankruptcy,maritime lien has a dual nature:bankruptcy claims and maritime claims,which makes its implementation process become complicated.It is also the original intention and motivation of me to write the paper.This paper focuses on the subject of maritime liens' realization under cross-border maritime insolvency.By analyzing the main problems that may be encountered in the process and introducing the practice of other countries,this paper is aimed to provide the significant theoretical foundation for the issue of coordinating the conflicts between bankruptcy procedures and maritime procedures,and explicate the way to establish a legal system of maritime cross-border insolvency.The paper is divided into three parts,namely,introduction,main body and conclusion.The main body is consisted of four chapters.The first chapter expounds the jurisdiction issues of maritime liens under cross-border insolvency and defines the concept of maritime cross-border insolvency.The second chapter focuses on problems of application of laws that may be encountered when realizing maritime liens.This part consists of three parts:the application of insolvency law and maritime law,the legal nature of maritime liens and the application of maritime liens.The third chapter centeres on the procedure issues of maritime liens under cross-border insolvency.It analyses influences of bankruptcy preservation and foreign court's relief on the exercising of maritime liens.The forth chapter analyses the current situation of Chinese legislation and juridical practice,points out the difficulties for maritime lienors who exercise rights under existing legal framework of China.The last chapter also puts forwards some suggestions with the hope of making up the blank in the legislation concerning the cross-border insolvency of China,alleviating the conflict of jurisdiction between maritime courts and non-maritime courts and intensifying the cooperation with the international world.
Keywords/Search Tags:Maritime Cross-Border Insolvency, Maritime Lien, Exemption Right, Jurisdiction, Application of Law, Bankruptcy Preservation
PDF Full Text Request
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