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" Maritime law".
Date:2012.06.29 Source:Horizon Industry Group (HK) Co., Ltd. Hits:

Maritime law forms do not include: judicial precedents.

In the maritime law of contract of sea towage does not include: port towage.

Maritime law does not adjust: deliberate collision.

In the maritime law of salvage at sea do not include: save life. (only refers to salvage goods or property)

Contract of carriage of goods by sea damage compensation liability: incomplete fault liability principle.

Contract of carriage of passengers by sea damage compensation liability: complete fault liability principle.

The sea towage work contract liability of damage compensation: the party at fault liability principle.

Oil pollution damage compensation liability: the principle of no fault liability.

Features: International Maritime Law; professional; concurrence of.

Maritime law forms: domestic legislation; International Convention; international shipping convention.

The characteristics of International Maritime Arbitration:; professional; end; economy.

One, consisting of our maritime law on the ships must have the following requirements: must be in the sea, is the ship; must be used for driving on the water, is a mobile device; must be used for commercial purposes; must be in20 tons.

Two, set up China's maritime law of ship mortgage matters should be paid attention to: establish the mortgage of the ship, the mortgagor and mortgagee shall sign a written contract; only the owner of the ship or its authorized person can establish the mortgage of the ship; ship mortgage subject is mainly in the operation of the ship; ship mortgage the subject also should be insured ship; establish the mortgage of the ship, the mortgagor and mortgagee should be common to the ship registration authority for registration of mortgage right, without registration, shall not act against the third party.

Three, form our country maritime law of ship collision: collision conditions must occur in the ship, and one side must be our maritime law article third refers to the ship; ship must contact; collision must occur in the sea or sea navigable waters; collision must have harm result.

Four, make our country maritime law of salvage behavior establishment or salvage reward request right established elements: salvage at sea, or linked with the sea navigable waters; the salvaged material must be the law recognized subject of salvage; salved must encounter the perils of the sea; rescue must be voluntary behavior; rescue must have the effect ( "no results, no pay" principle exception: the pollution damage to the marine environment risk relief ).

Five, make our country maritime law of general average requirements for the establishment of the ship, the goods and other property: must encounter common real risk; the sacrifice or expenditure must be special; must be intentionally and reasonably measures; measures must be effective.

The legal characteristics of a ship : a ship is a personality; ship is regarded as immovable on movable; ship is composed of relatively independent material composition.

Ship registration type: the ship ownership registration; registration of ship mortgage right of bareboat charter registration.

Right of navigation : a ship on the high seas sailing right ( free access ); ship in the territorial waters of other countries the navigation rights ( the right of innocent passage; ship ) in his home to the navigation rights (especially the right of passage ).

Function of captain: captain has the management and navigation of the ship 's captain has to defend the function; the life and property safety function; the captain has the function of notarization; captain has a proxy function.

Contract of carriage by sea: maritime transportation contract is the main carrier and shipper; maritime transportation contract of carriage of goods by sea; maritime transportation contract is a contract; contract of carriage by sea is onerous contract.

A contract of marine insurance: a contract of marine insurance is a kind of double service paid contract; contract of marine insurance is a contract of property insurance.

One, voyage charter party ( also called voyage charter, Voyage Charter ) standard format:" Uniform General Charter" ( Uniform General Charter ), code name" Jin Kang" ( GENCON ), the format by the international famous shipowners' Baltic International Maritime Conference ( The Baltic and International Maritime Conference BIMCO ) formulate, after several modifications, most are using1976 modify the format.

In two, time charter party (also called a charter-party, Time Charter ) standard format:" time charter party" ( the United States of America New York product exchange, also translated the produce exchange, The New York Produce Echange ), code name" native format" ( NYPE ), the format made on 1913, after several modifications, at present, many are using the 1946modified format;" uniform time charter party (" Baltic and International Maritime Conference Uniform General Charter ), code name" pol Mu" ( BALTIME ), the format by the international famous shipowners' Baltic International Maritime Conference ( The Baltic and International Maritime Conference - BIMCO ) formulate, after several modifications, the use of very little.

In three, the lease contract (also called a bareboat charter party, Bareboat Charter ) standard format:" standard light ship lease contract", code name" shellfish Er Kang" ( BARECON ), the format by the international famous shipowners' Baltic International Maritime Conference ( The Baltic and International Maritime Conference BIMCO ) formulate, after several modifications, most are using1989 modify the format.

The four, the salvage contract standard format:" Lloyd's standard form of Salvage Agreement" ( Lloyd ' s Standard Form of Salvage AgreementNo Cure, No Pay ), the usual1972modified format;" China Maritime Arbitration Commission standard form of Salvage Agreement" ( China Maritime Arbitration Conmission Standard Form of Salvage Contract ), after the several modifications, most are using1989 modify the format.

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