被视为灭失货物“再现”的海商法空白点——对《海商法》第50条修订的建议

Question of Reappeared Goods Is a Blank Area in Maritime Law

本文以被视为灭失货物再现后货物所有权归属问题为核心 ,在对我国海商法相关条款进行系统分析的基础上 ,指出“被视为灭失货物再现”是海商法的一个空白点。在对相关法律制度中类似事件进行比较与借鉴的基础上 ,就如何确定被视为灭失货物再现后货物所有权的归属问题 ,提出了修订《海商法》第 5

This paper is mainly concentrated on the ownership of the reappeared goods, which might have been regarded as being lost. Based on analyzing the relevant articles of CMC, the paper points out that the question of reappeared goods is a blank area in maritime law. By comparing with and referring to some similar provisions, the paper also puts forward some material advices on the emendation of Article 50 of CMC, concerning the ownership of the reappeared goods that have been regarded as being lost.