Study on the Improvement of the Rules for the Choice of Law of Ship Ownership Under the Background of the Revision of Maritime Law
Article 270 of Maritime Law provides that the law of the flag State applies to the ownership of ship.The simple formula of"flag State law"is incompatible with the complex reality,which is reflected in the fact that when the law applicable to the contract is inconsistent with the law applicable to the ownership of the ship,the change of ownership of the ship may go against the true intention of the parties to the contract;in the case of a flag of convenience,there may be a suspicion of circumventing the application of mandatory legal provisions or being unable to effectively resolve disputes;the specific flag State law in the case of flag changes and bareboat charters is unclear.In order to solve the above problems,it is suggested to refer to Article 37 of the Law on Choice of Law for Foreign-related Civil Relationships to introduce the principle of autonomy of will in the rules for the choice of law of ship ownership,but only for the ownership relationship between the two parties.At the same time,it is recommended to clarify the specific flag State law in the case of flag changes and bareboat charters.On this basis,specific suggestions for improving Article 325 of Maritime Law(Revised Draft)are put forward.
ship ownershipchoice of lawflag State lawprinciple of autonomy of will
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