- 선박가압류의 집행에 관한 연구
- Alternative Title
- A Study of Enforcement on the Areest of Ships
- Publication Year
- 한국해양대학교 대학원
- Marine transportation and marine-related activities cannot operate without ships, Everyday the number and scale of disputes involving these activities and the ships they require are increasing rapidly.
According to international law, ships are required to be registered by competed government authority. This is done primarily a ship mobility and its huge value, but also for the sake of keeping maritime order and maintaining maritime safety
In order to provide basic knowledge for the further discussion and specify the issues to be analyzed, the definition of 'ship', concept of arrest of ships, and the main issues and problems in respect to the arrest of ships will be dealt with.
The concept and function of arrest of ships is also different under different legal systems. The concept of arrest of ship under the common law system orginates in `action in rem` and emphasizes the jurisdiction-acquiring function of arrest of ship. By contrast, the concept of arrest of ship under the continental law system is based on the theory of preservation, emphasizes the preservative function of arrest of ship and only permits `action in personam`
The arrest of ship under the korean legal system follows continental law system and is different to common law system.
As a result, the enforcement of arrest of ships causes many problems. For example, with regard to the arrest procedure, the vessel may be arrested relatively easily without any hearings by prima facie evidence showing existence of a debt.
And It is general practice that the judge orders the claimant to deposit about 1/10 of the claim amount with the court before he issues the decision of the Court. It is possible for the claimant to provide to release to deposit the full amount of the claim, however, the debtor or very poor. because he is spend on much time and cost.
This dissertation consists of five chapters.
In the first chapter, the purpose, method and scope of this research will be stated along with a general overview.
In the second chapter, An introduction to issue of the arrest of ships, I will define the arrest of ship and explain the scope of my study. This chapter will explain general authority of arrest of ships, enforcement on arrest of ships, and the international convention on the Arrest of ships of 1999.
The third chapter, will refer to the objects of the arrest of ships. That is, The lawfulness shipowner and flag on convenience referred to the problems.
In the forth chapter, the procedure for provisional ship arrest will be illustrated.
In the final chapter, the dissertation summary will be provided and the legalzation of the korean provisional ship arrest system will be suggested as a conclusion for the dissertation.
untill now on, there isn't enough to study about the enforcement on an arrest of ship, so I'd like a lot of an expert to study about this problem lively more than now.
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