| 英文摘要 |
The Common Law System generally adopts the mode of “Delivery of Bill of Sale + Registration confrontation” in the change of ship ownership. This is the product of the long-term practice of ship trading, which has the unified basis and assimilation purpose in the international scope. It builds a reasonable and coordinated ownership change rule system for ship trading, registration and financing activities. As for the change of ship ownership in China, most scholars advocated for the “Delivery doctrine + Registration confrontation” model. Although this model has some defects and disadvantages, it reflects the balance of the commercial interests involved, the concept of practical trading and the legal tradition, and plays an important role in the stability of the judicial judgment. It is close to the mode of “Delivery of Bill of Sale + Registration confrontation” in the contractual practice of common law system. Compared with the mode of “Meaning doctrine + Registration confrontation”, this mode has greater value and advantages in domestic and foreign ship trading, which should be the correct position in the comparative selection within Chinese ship ownership change modes. |
