This article discusses the nature of possessory lien and holdsthat right in rem is its nature and the combination of personam andrem, the validity of the main contract are not its characteristics.This article also pro...This article discusses the nature of possessory lien and holdsthat right in rem is its nature and the combination of personam andrem, the validity of the main contract are not its characteristics.This article also proposes some ideas to deal with the disputes con-cerning the possessory lien.展开更多
With reference to the current theories of the legal nature of signing anti-dated B/L,this article expounds that some of them,especially the theory of tortious liability, break the relevant civil law and maritime law i...With reference to the current theories of the legal nature of signing anti-dated B/L,this article expounds that some of them,especially the theory of tortious liability, break the relevant civil law and maritime law in our country and the international conventions.The article maintains that signing anti-dated B/L is the act of breach of contract Law,not that of tortious Law. While signing anti-dated B/L, as the result of default of the principles of uberrima fides and public interest which the contracting parties must obey,the carrier should burden the indemnity liability of contracting fault to the relative person who trusts the B/L. The liability of contracting fault is a dependent civil liability. It, together with contractual obligation, tortious obligation, unjustified enrichment and voluntary service,constructs, the whole system of civil展开更多
This paper discusses ship operators’ legal position thoroughly and holds that the lawful acquisition of the management rights is theprerequisite for ship operators to manage and operate the ship, andthat the legal an...This paper discusses ship operators’ legal position thoroughly and holds that the lawful acquisition of the management rights is theprerequisite for ship operators to manage and operate the ship, andthat the legal and contractual rights and obligations determine thelegal position of the ship operators of various ships.展开更多
There are some similarities between property secutity and security of maritime claim. Nevertheless, they are different in nature.This article tries to make difference between property security and security of maritime...There are some similarities between property secutity and security of maritime claim. Nevertheless, they are different in nature.This article tries to make difference between property security and security of maritime claim by discussing the following factors: subject of right, the court that accept and hear the case,the conditions for and aim of property security,the method taken and time chosen in the procedure, the target to be secured, limitation of claims and the order in satisfying the compensation.展开更多
文摘This article discusses the nature of possessory lien and holdsthat right in rem is its nature and the combination of personam andrem, the validity of the main contract are not its characteristics.This article also proposes some ideas to deal with the disputes con-cerning the possessory lien.
文摘With reference to the current theories of the legal nature of signing anti-dated B/L,this article expounds that some of them,especially the theory of tortious liability, break the relevant civil law and maritime law in our country and the international conventions.The article maintains that signing anti-dated B/L is the act of breach of contract Law,not that of tortious Law. While signing anti-dated B/L, as the result of default of the principles of uberrima fides and public interest which the contracting parties must obey,the carrier should burden the indemnity liability of contracting fault to the relative person who trusts the B/L. The liability of contracting fault is a dependent civil liability. It, together with contractual obligation, tortious obligation, unjustified enrichment and voluntary service,constructs, the whole system of civil
文摘This paper discusses ship operators’ legal position thoroughly and holds that the lawful acquisition of the management rights is theprerequisite for ship operators to manage and operate the ship, andthat the legal and contractual rights and obligations determine thelegal position of the ship operators of various ships.
文摘There are some similarities between property secutity and security of maritime claim. Nevertheless, they are different in nature.This article tries to make difference between property security and security of maritime claim by discussing the following factors: subject of right, the court that accept and hear the case,the conditions for and aim of property security,the method taken and time chosen in the procedure, the target to be secured, limitation of claims and the order in satisfying the compensation.
