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What Are The Applicable Laws Applicable To Foreign Maritime Legal Relations?

2010/10/23 15:47:00 83

Maritime Law Applicable To Foreign Maritime Relations

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Application of maritime law concerning foreign affairs

Implementation of the principles:


1., the principle of priority application of international treaties, that is, the international treaties concluded or acceded to by People's Republic of China are different from the provisions of this law, and the provisions of international treaties are applicable.


2, the principles of international practice can be applied to those laws or international treaties which are not specified in China.


3, adhere to the principle of public order reservation, that is, in the application of foreign laws or international practices in maritime relations with foreign countries, they must not violate the interests of the People's Republic of China society.


According to the law, the law chosen by the parties shall apply to the law of the state which has no close relationship with the contract; the law of the flag state is applicable to the acquisition, pfer and elimination of the ship's ownership; the law of the flag state of the ship's mortgage; the law of the maritime court; the law applicable to the collision of the ship; the law applicable to the infringement; the law of the place where the damage is caused by the collision of the ship; the court's law of the case to which the case is to be dealt with; the same nationality ship, wherever the collision occurs, the compensation law for the collision between the ships, the applicable flag state law, the general average adjustment, the applicable land law, the limitation of liability for maritime claims, the law applicable to the court where the case is accepted, and the application of the law of the court to the seizure of the ship. The law applicable to maritime relations involving foreign countries is stipulated in the Maritime Code of China as follows: the contract is applicable.

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