论二手船买卖中的船舶物权问题
发布时间：2018-08-08 15:37
【摘要】： 从货物买卖角度讲,二手船买卖被认为是货物买卖法下的一个分支,与一般的货物买卖合同有许多类似之处;但同时二手船买卖也是海商法中的一个学科,所以其作为货物买卖和海商法的交叉学科,具有自己鲜明的特点。而船舶物权保护制度是随着船舶物权的产生、发展而形成和发展的。完善的船舶物权保护制度将有利于调整、稳定船舶物权关系,从一定程度上减少或避免船舶债权人的损失,为船舶融资业务与海上服务贸易的蓬勃发展提供一个良好的法律环境。因此,研究船舶物权保护制度具有深远的理论意义与现实意义。 本文通过提出问题,分析问题,解决问题的思路,来探讨二手船买卖下的船舶物权问题。全面论述了二手船买卖船舶物权制度的内容、原理,并通过比较英美法系和大陆法系主要国家、地区关于船舶物权法律规范的不同规定,将民法、海商法、担保法等,从多个角度分析了二手船买卖船舶物权制度的特点,并参阅、分析了英美法系国家一些的海事判例,介绍了相关的国际公约,尤其对我国二手船买卖下的船舶物权中的一些具体问题作了较为深入的研究。 全文共分为四章,在文章的第一章主要简单介绍几种通用的二手船买卖格式合同,二手船买卖合同的内容,包括其中对买卖双方主要义务的规定。详细阐述二手船买卖中的核心问题——所有权转移的问题以及二手船买卖船舶物权纠纷的产生。 文章的第二章将详细讨论船舶所有权和租约、担保物权等之间的关系,分析这几种船舶物权的性质,以及在实践中对二手船买卖产生的影响。 第三章从二手船买卖合同订立前,合同的订立和船舶交付前后三个层面来阐述解决此类纠纷的法律救济。对于船舶买卖而言,最重要的一点就是在知道这些可能影响到一方利益的船舶物权问题后,积极采取预防措施,以及怎样去有效的解决这些问题。 最后由于各国对船舶物权的规定不尽相同,所以从国际私法的角度看,买卖双方对各国法院处理船舶物权问题的知悉程度非常重要。这部分概括介绍国际上对船舶物权的立法概况。同时,文章的第四章还会对我国《物权法》中可能涉及到二手船买卖船舶物权问题的内容进行分析。在《物权法》刚刚出台之际,对船舶物权的研究是十分必要的。同时在船舶买卖中,由于这些问题的存在对买卖双方的影响很大,也使得探讨船舶物权的意义格外重要。这也是希望通过文章的探讨可以解决的问题之一。
[Abstract]:From the point of view of the sale of goods, the sale of second-hand ships is considered to be a branch of the law of the sale of goods, which is similar to the general contract for the sale of goods; but at the same time, the sale of second-hand ships is also a subject of maritime law. Therefore, as an interdisciplinary subject of goods trading and maritime law, it has its own distinctive characteristics. The system of ship property right protection is formed and developed with the emergence and development of ship real right. The perfect system of ship real right protection will help to adjust, stabilize the relationship of ship real right, reduce or avoid the loss of ship creditor to a certain extent, It provides a good legal environment for the vigorous development of ship financing and maritime service trade. Therefore, the study of ship property right protection system has profound theoretical and practical significance. This paper discusses the real rights of ships under the sale of second-hand ships by putting forward problems, analyzing problems and solving the problems. This paper comprehensively discusses the content and principle of the system of ship real right of second-hand ship trading, and compares the different regulations on the legal norms of ship real right between the common law system and the civil law system and the continental law system, and puts forward the civil law, the maritime law, the guaranty law and so on. This paper analyzes the characteristics of the system of property rights of second-hand ships trading ships from several angles, and refers to, analyzes some maritime cases in common law countries, and introduces the relevant international conventions. In particular, some specific problems in the real right of ships under the sale of used ships in China are studied in depth. This paper is divided into four chapters. In the first chapter of the article, the author introduces several common second-hand ship trading format contracts, the contents of the second-hand ship sale contracts, including the provisions on the main obligations of the buyers and sellers. In this paper, the core problem of second-hand ship trading-ownership transfer and the dispute about property right of second-hand ship sale are discussed in detail. In the second chapter, the relationship between ship ownership and charters, security interests and so on is discussed in detail. The nature of these property rights and the influence on the sale of second-hand ships in practice are analyzed. The third chapter expounds the legal relief to solve this kind of dispute from three levels before the conclusion of the contract and before and after the delivery of the ship. For ship trading, the most important point is to actively take preventive measures and how to solve these problems effectively after knowing these problems which may affect the interests of one party. Finally, because of the different regulations on the real rights of ships in different countries, it is very important from the point of view of private international law that the buyers and sellers know the extent to which the courts of various countries deal with the real rights of ships. This part introduces the international legislation on ship property. At the same time, the fourth chapter of the article will also analyze the content of the property rights of second-hand ships trading ships in China's Real right Law. It is very necessary to study the real right of ships when the property Law has just come into being. At the same time, the existence of these problems has a great influence on the buyers and sellers, which makes the significance of discussing the real rights of ships especially important. This is also hope through the discussion of the article can solve one of the problems.
【学位授予单位】：上海海事大学
【学位级别】：硕士
【学位授予年份】：2007
【分类号】：D922.29
本文编号：2172236
[Abstract]:From the point of view of the sale of goods, the sale of second-hand ships is considered to be a branch of the law of the sale of goods, which is similar to the general contract for the sale of goods; but at the same time, the sale of second-hand ships is also a subject of maritime law. Therefore, as an interdisciplinary subject of goods trading and maritime law, it has its own distinctive characteristics. The system of ship property right protection is formed and developed with the emergence and development of ship real right. The perfect system of ship real right protection will help to adjust, stabilize the relationship of ship real right, reduce or avoid the loss of ship creditor to a certain extent, It provides a good legal environment for the vigorous development of ship financing and maritime service trade. Therefore, the study of ship property right protection system has profound theoretical and practical significance. This paper discusses the real rights of ships under the sale of second-hand ships by putting forward problems, analyzing problems and solving the problems. This paper comprehensively discusses the content and principle of the system of ship real right of second-hand ship trading, and compares the different regulations on the legal norms of ship real right between the common law system and the civil law system and the continental law system, and puts forward the civil law, the maritime law, the guaranty law and so on. This paper analyzes the characteristics of the system of property rights of second-hand ships trading ships from several angles, and refers to, analyzes some maritime cases in common law countries, and introduces the relevant international conventions. In particular, some specific problems in the real right of ships under the sale of used ships in China are studied in depth. This paper is divided into four chapters. In the first chapter of the article, the author introduces several common second-hand ship trading format contracts, the contents of the second-hand ship sale contracts, including the provisions on the main obligations of the buyers and sellers. In this paper, the core problem of second-hand ship trading-ownership transfer and the dispute about property right of second-hand ship sale are discussed in detail. In the second chapter, the relationship between ship ownership and charters, security interests and so on is discussed in detail. The nature of these property rights and the influence on the sale of second-hand ships in practice are analyzed. The third chapter expounds the legal relief to solve this kind of dispute from three levels before the conclusion of the contract and before and after the delivery of the ship. For ship trading, the most important point is to actively take preventive measures and how to solve these problems effectively after knowing these problems which may affect the interests of one party. Finally, because of the different regulations on the real rights of ships in different countries, it is very important from the point of view of private international law that the buyers and sellers know the extent to which the courts of various countries deal with the real rights of ships. This part introduces the international legislation on ship property. At the same time, the fourth chapter of the article will also analyze the content of the property rights of second-hand ships trading ships in China's Real right Law. It is very necessary to study the real right of ships when the property Law has just come into being. At the same time, the existence of these problems has a great influence on the buyers and sellers, which makes the significance of discussing the real rights of ships especially important. This is also hope through the discussion of the article can solve one of the problems.
【学位授予单位】：上海海事大学
【学位级别】：硕士
【学位授予年份】：2007
【分类号】：D922.29
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相关期刊论文 前3条
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3 田田;论航运融资中的船舶抵押权及其法律保护[J];法学论坛;2000年02期
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