Research On The Legal Issues Of Registration Resistance Rule For Ship Ownership Change

There are many differences in the understanding and application of China's registration rules for ship ownership changes.Among them,the most controversial issues are the problem of the change model of ship ownership,the issue of the third party scope in the application of the ship ownership registration confrontation rule,and the implementation effect of the ship ownership registration public notice in reality.It is the timing of the revision of China's Maritime Law and the compilation of the Civil Code.The author hopes that the study of the above legal issues can be instructive.This paper mainly uses comparative research method,historical research method and case empirical research method.First of all,the effective change of ship ownership(theoretical changes in the mode of property rights to explore the effective conditions of property rights changes in different countries)is the precondition for the registration of ship ownership changes.With regard to the model of ship ownership change,this paper considers that the applicable premise of the registration confrontation rule is to clarify the effective requirements of the ship ownership change,that is,the ship ownership change mode.Through research,the research results are consistent with China's movable property and real estate rights change model-creditor formalism.Then,the provisions of Article 9 of the Maritime Law of the People's Republic of China"the acquisition,transfer and extinction of the ownership of the ship shall be registered with the ship registration authority;if it is not registered,it shall not be opposed to a third party"(hereinafter referred to as the registration of the ship ownership change)This paper argues that on the basis of creditor formalism,changes in ship ownership and third parties are two intertwined elements in specific cases.To study the application of the registration rule of ship ownership change,it is necessary to take these two elements as the starting point,and to specifically define these two elements in practice,instead of first delineating the scope of the third party,the third in the specific case.Whether the person meets the scope is the applicable standard of the rule.And then,the sale of a ship is a general application of the registration rule of ship ownership change.Afiliation of ship is a special application of the registration rule of ship ownership change.In the specific judicial practice,the third party's scope is summarized as the third party related to the ship's property rights.Finally,the conclusion of this paper is that the solution to the legal problems caused by the registration of the ship ownership change is not only the improvement of China's legal system,the advancement of the rule of law,but also the development of society,economy and politics.Therefore,in the revision of the Maritime Law and the opportunity of codification of the Civil Code,on the one hand,it is necessary to make a difference,and it is necessary to improve the legislation on the registration of the ship ownership change in China,so that the legislation is more clear and unambiguous.On the other hand,it also needs appropriate inaction to give more patience and time to the rule of law practice and social development in our country.