As provided by the Art. 30 of the CMC,the implementation of the limitation of liability for maritime claims affects the compensation of maritime claims attached by maritime liens,which arise in a distinct occasion and...As provided by the Art. 30 of the CMC,the implementation of the limitation of liability for maritime claims affects the compensation of maritime claims attached by maritime liens,which arise in a distinct occasion and on which the man liable can limit his liability in three aspects: (1)the enforcement of maritime liens attached thereto; (2) the rank thereof against the limitation fund; (3) the extinguishment of maritime liens attached thereto after the liquidation of the fund. Four key points on the comprehension of the Art. 30 of the CMC are also given in the展开更多
Under the current system and theory of civil procedure law of our country, the preservation is limited to property, i. e. the preservation on property. However,it has been proved by practice that the preservation on p...Under the current system and theory of civil procedure law of our country, the preservation is limited to property, i. e. the preservation on property. However,it has been proved by practice that the preservation on property does not embrace all kinds of preservation needed. In maritime trial, action has been considered to be a new subject of preservation, and such a preservation may be named as the preservation of non-property. lt is different from the preservation on property of execution in advance. Under such a system,maritime court may order the defendant to take certain action or forbid him to take certain action upon the claimant’s application. The establishment of the system of preservation on non-property will be significant in theory and improve the system of preservation both in maritime and civil trial in our展开更多
This paper discusses the present Chinese Law on arrest of ships and international conventions and practices. It analyses the special regulations of Chinese law which is different from the conventions and puts forward ...This paper discusses the present Chinese Law on arrest of ships and international conventions and practices. It analyses the special regulations of Chinese law which is different from the conventions and puts forward suggestions to improve the law on arrest of展开更多
The article expounds specifically the way to confirm differ-ent obligatory rights and to deal with the relationship among the procpdures of trying, executing, and bankruptcy in practice in the light of the characteris...The article expounds specifically the way to confirm differ-ent obligatory rights and to deal with the relationship among the procpdures of trying, executing, and bankruptcy in practice in the light of the characteristics of bankrupt obligatory rights of the creditor’s when the single-vessel company goes bankrupt un- der the guidance of the Bankruptcy Law and the Maritime Code of People’s Republic of China.展开更多
Action in rem is a special kind of action in personam by its nature. Its real target is not the property but the owner. Action in rem is inevitable in the international marine transport. Its appearance shows the objec...Action in rem is a special kind of action in personam by its nature. Its real target is not the property but the owner. Action in rem is inevitable in the international marine transport. Its appearance shows the objective inevitability. There are some similarities between action in rem and Chinese maritime pre-litigation security proceedings,but the difference between the two systems is also distinct and they shouldn’t be lumped展开更多
文摘As provided by the Art. 30 of the CMC,the implementation of the limitation of liability for maritime claims affects the compensation of maritime claims attached by maritime liens,which arise in a distinct occasion and on which the man liable can limit his liability in three aspects: (1)the enforcement of maritime liens attached thereto; (2) the rank thereof against the limitation fund; (3) the extinguishment of maritime liens attached thereto after the liquidation of the fund. Four key points on the comprehension of the Art. 30 of the CMC are also given in the
文摘Under the current system and theory of civil procedure law of our country, the preservation is limited to property, i. e. the preservation on property. However,it has been proved by practice that the preservation on property does not embrace all kinds of preservation needed. In maritime trial, action has been considered to be a new subject of preservation, and such a preservation may be named as the preservation of non-property. lt is different from the preservation on property of execution in advance. Under such a system,maritime court may order the defendant to take certain action or forbid him to take certain action upon the claimant’s application. The establishment of the system of preservation on non-property will be significant in theory and improve the system of preservation both in maritime and civil trial in our
文摘This paper discusses the present Chinese Law on arrest of ships and international conventions and practices. It analyses the special regulations of Chinese law which is different from the conventions and puts forward suggestions to improve the law on arrest of
文摘The article expounds specifically the way to confirm differ-ent obligatory rights and to deal with the relationship among the procpdures of trying, executing, and bankruptcy in practice in the light of the characteristics of bankrupt obligatory rights of the creditor’s when the single-vessel company goes bankrupt un- der the guidance of the Bankruptcy Law and the Maritime Code of People’s Republic of China.
文摘Action in rem is a special kind of action in personam by its nature. Its real target is not the property but the owner. Action in rem is inevitable in the international marine transport. Its appearance shows the objective inevitability. There are some similarities between action in rem and Chinese maritime pre-litigation security proceedings,but the difference between the two systems is also distinct and they shouldn’t be lumped
