| As a dissertation on maritime law, it should follow the development of the operation practice, satisfy the practice requirement, and strive for recognizing and settle the problem in practice. For this purpose, the author works hard and manages to do beneficial study.Till now, neither expert nor scholar has done any special research on the one-ship company, except two postgraduate students from the two famous maritime universities studied entirely but somehow shallowly on this fiels. This dissertation emphasizes on further study of the relation between the one-ship company and the system of "pierce the corporate veil". The basic reason that why it exists is that the company's limited responsibility is used for avoiding the liability, which is the main subject controlled by that system. The subtle relation between them attracts me a lot.Without appointed instruction the one-ship company herein mentioned is that whose ship hangs a flag of convenience.At the beginning, we should introduce the birth, situation, reason of existing of it ; secondly, introduce how to produce the system of piercing the corporate veil and the law & stipulation and judicial practice of the main countries; next, describe and analyze the unique system of South Africa, and its affection to our ship companies; at last, conclude the suitable practice to our country.Chapter I Summary of the One-ship CompanyThis department consists of three parts: nationality, flag, registration system, the ship registering, furthermore incorporating a one-ship company in a country of convenience flag; category, status in quo of the one-ship company; the practical reasons and legal reasons why it exists; its operating form.Chapter II General Provisions of the System of Piercing the Corporate VeilThis department contains the system how to appear and which circumstance should lift its veil, the latter contains confusion of personality, confusion of asset, illegal act in the name of company, improper control. Chapter III the Application of the System of Piercing the Corporate VeilThree developed countries' the classic cases and chief circumstances on which the system shall apply are introduced; Conclusion.Chapter IV the Arrest of Associated Ships in South Africa is an anamorphosis of that system in marine area.Three parts were contained, that are: the concept of the arrest of associated ships; its influence, affection on our ship owners; the legal and operation answer to it of the large state owned ship owners.Chapter V General contemplation on the application of this system in our countryThree parts were contained: academic basis, civil law, company law, general provisions; the principle of exhausting the maritime law; fraud, improper control, serious pollution while the goods and the ship have a common owner were the three circumstances.ConclusionWe should be prudent before piercing a corporate veil. The standard of it must be strictly compared with other standards used for other company. Even though plenty of shell companies exist in the area of carriage of goods by sea, the Maritime Court has never pierced any corporate veil in our country. In the near future, I firmly believe, there will be a breakthrough in this field.During the conceiving and writing, the author read and consulted all kinds of materials, and we couldn't say the law & stipulation of maritime law mature and the study advanced. I'll be gratified with the result if it contributes to the development of the maritime law to some extent. |
