撤船法律问题研究

发布时间：2018-08-21 11:01

【摘要】： 本文以《海商法》中光船租赁合同与定期租船合同项下撤船为研究对象,提出撤船权的概念,并结合中国《民法通则》以及《合同法》分析中国法下的撤船问题,同时对英美法的有关规定与实践,通过案例分析,对实践撤船权法律知识及问题进行系统的归纳与总结。除引言外,本文共分5章及一个附件。引言简要说明了对撤船法律问题研究的现实意义,明确了本文的研究范围和研究目的。第1章主要论述撤船权的基础理论,包括撤船权的概念、法律性质。第2章主要论述撤船权的取得,包括法定取得、约定取得以及两者的关系。第3章主要论述撤船权的行使中需要注意的几个问题:撤船通知意思表达清晰、准确;撤船时机的选择。第4章主要论述撤船权的灭失,对比中国法与英国法下关于弃权与禁止反言的规定,撤船权灭失的表现形式以及撤船权灭失的法律后果。第5章主要论述撤船权的后果,重点分析出租人正确撤船后的法律损害赔偿权利以及其他的权利保障方式,也简单分析了出租人不正确撤船时承租人的财利保障方式及损害赔偿权利。附件中附上最近两个比较有代表性的撤船案例,一个是光船租赁合同中的撤船案“国鸿”案;一个是定期租船合同中的撤船案“锂海”案。
[Abstract]:This paper takes bareboat charter contract and term charter contract in Maritime Law as the research object, puts forward the concept of the right to withdraw ship, and analyzes the issue of withdrawal under Chinese law in combination with the General principles of Civil Law of China and the contract Law of China. At the same time, the relevant provisions and practices of Anglo-American law, through the case analysis, the practice of the legal knowledge of the right to withdraw ships and problems are systematically summarized and summarized. In addition to the introduction, this article is divided into five chapters and an attachment. The introduction briefly explains the practical significance of the study on the legal issue of ship withdrawal, and clarifies the scope and purpose of this study. The first chapter mainly discusses the basic theory of the right to withdraw ships, including the concept and legal nature of the right to withdraw ships. Chapter 2 mainly discusses the acquisition of the right to withdraw ships, including statutory acquisition, agreed acquisition and the relationship between the two. The third chapter mainly discusses several problems that should be paid attention to in the exercise of the right to withdraw ships: the clear and accurate expression of the intention of the notice of withdrawal and the choice of the timing of the withdrawal. Chapter 4 mainly discusses the loss of the right to withdraw ships, contrasts with the provisions of Chinese law and English law on abstaining and estoppel, the manifestation of the loss of the right of withdrawal and the legal consequences of the loss of the right of withdrawal of ships. The fifth chapter mainly discusses the consequences of the right to withdraw the ship, focusing on the analysis of the shipowner's right to compensation for legal damage after the correct withdrawal of the ship, as well as other forms of protection of the right. It also analyzes the charterer's right to indemnify the charterer and the right of compensation for damages. Attached to the attachment are two recent and representative cases of withdrawal, one of which is the "Guohong" case in the bareboat charter contract and the other is the "Li-Hai" case in the term charter contract.
【学位授予单位】：大连海事大学
【学位级别】：硕士
【学位授予年份】：2008
【分类号】：D922.294;D923

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