The Law Interpretation of the Change of Vessel Ownership under the Background of Amend of Maritime Law——the Development of Legal Norms Is Consistent with Each Other
Article 225 of the Civil Code and Article 9 of the Maritime Law are the existing legislation on the general rules of ship ownership change.Although they both adopt the legislative mode of"registration antagonism",they do not specify the effective conditions of ship ownership change.There are differences between the academic community and judicial judgment on this,and there is also a conflict of"good faith or not"in the scope of the third party of"registration antagonism".Art.7 of The Interpretation of the Supreme People's Court on Issues Concerning the Application of Law for Sales Contracts regulates multiple sales of ships.There are many questions in the interpretation of this article.In order to make the norms under the regulation group of ship ownership change conform to each other,in the aspect of legal interpretation,"taking delivery as the effective condition of ship ownership change"is the logical starting point."Registration antagonism"essentially gives the third party the right to deny the ownership change between the seller and the buyer.The third party in Article 9 of the Maritime Law should be limited to"good faith",and"good faith"should be defined by negative exclusion,that is,"excluding a third party with malicious fraud".In case of unqualified disposition,whether the third party can finally acquire the vessel ownership needs to go through the test of"registration antagonism &bona fide acquisition system",and whether the third party can constitute the double standard of"possession & registration"suitable for bona fide adoption.At the same time,it should be clear that the multiple assignments of vessel ownership includes the qualified disposition and the unqualified disposition and it is necessary to analyze the logical composition of the ownership rules determined in Art.7 of The Interpretation of the Supreme People's Court on Issues Concerning the Application of Law for Sales Contracts.
Change of Vessel OwnershipRegistration AntagonismAcquisition in Good FaithMultiple Assignments
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