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The Research Of The Attachment Of The Cargo Carried By Ships

Posted on:2002-05-21Degree:MasterType:Thesis
Country:ChinaCandidate:L DiFull Text:PDF
GTID:2156360062980161Subject:International Law
Abstract/Summary:PDF Full Text Request
Marine procedure is different from common civil procedure. The attachment of the cargo carried by ships plays an important role in it. The enactment of marine procedure law improves the situation of the attachment of the cargo. The article raises some questions and makes some suggestions by comparing with the relevant rules in some other countries.The major points of the article are as follows:It is proper to restrict the scope of the cargo carried by ships from the moment when the cargo is under the control of the carrier in loading port to the time before the cargo is delivered in the unloading port.The attachment of the cargo carried by ship in marine procedure law is a kind of preservation of maritime claim. The attachment of cargo caused by the exercise of the lien is different from the former.When the carrier apply for the attachment to perform his lien, his priority shill not be influenced.The conditions of the attachment of cargo carried by ship are very important. We should also use the principle of "fair and convenient" for reference so as to protect the legal rights of the innocent third party.
Keywords/Search Tags:cargo carried by ship, attachment, preservation of maritime claim
PDF Full Text Request
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