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Research On Procedural Conflicts In Cross-border Maritime Bankruptcy

Posted on:2018-05-23Degree:MasterType:Thesis
Country:ChinaCandidate:Q ZhaoFull Text:PDF
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The problems caused by the bankruptcy of transnational shipping enterprises are different from the general cross-border insolvency,it also facing the conflict between maritime procedure and bankruptcy procedure,which procedure is the priority has confused the courts.In particular,there are some defects in the legislation and international judicial cooperation.This will bring a lot of obstacles in the process of dealing with the cross-border maritime bankruptcy cases,it is necessary to further explore and research.In this paper,the case of Hanjin is taken as the example.Firstly,the author analyzes the performance and essence of procedural conflict.Based on this,there is a comparison between the nation that join the United Nations "cross-border insolvency law" and the state did not on the issue of legislation and practice in the treatment of Hanjin in bankruptcy.Based on the above analysis,the author thinks the essence of the procedural conflict in cross border maritime bankruptcy cases is the conflict between the maritime liens and the equal rights of the creditors,and maritime liens shall be the priority of maritime liens.However,the conflict also involves the extraterritorial effect of bankruptcy proceedings,which makes the conflict cannot be effectively avoided.On the basis of current legislation and judicial practice,we should use the model law and the successful experience of other countries to improve the system of cross-border insolvency in china.
Keywords/Search Tags:Cross Border Insolvency, Cross Border Maritime Insolvency Maritime Lien, Reciprocity Principle, Mutual Comity
PDF Full Text Request
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