The Path of Systematic Improvement of the Rules for Ships Under Construction in Maritime Law of the People's Republic of China
Maritime Law of the People's Republic of China has not established a system of rules for ships under construction, leading to disputes in practice such as whether relevant parties of ships under construction can apply for the limitation of liability for maritime claims, and whether the rules in...
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| Main Authors: | , |
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| Format: | Article |
| Language: | zho |
| Published: |
Editorial Office of Ocean Development and Management
2024-09-01
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| Series: | Haiyang Kaifa yu guanli |
| Subjects: | |
| Online Access: | http://www.haiyangkaifayuguanli.com/hykfyglen/ch/reader/view_abstract.aspx?file_no=20240904&flag=1 |
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| Summary: | Maritime Law of the People's Republic of China has not established a system of rules for ships under construction, leading to disputes in practice such as whether relevant parties of ships under construction can apply for the limitation of liability for maritime claims, and whether the rules in relation to maritime liens and the marine insurance contract can be applied. The root of the such disputes lies in the fact that the current Chinese Maritime Code is absent on the legal status of ships under construction. Through the analysis of the theoretical basis, comparative reference and demarcation standards, the phased application approach can be deployed to solve the disputes concerning ships under construction. It is proposed to adopt a systematic perspective to clarify the phased application approach during the revision of the Chinese Maritime Code. Specifically, it is recommended that ships under construction after launching to be included in the scope of ships, so as to realize the phased application approach of the Chinese Maritime Code to ships under construction and to improve the rule system for ships under construction. |
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| ISSN: | 1005-9857 |