Study on Facilities for the Use of Sea and Marine Structures of the Registration System
|School||Wuhan University of Technology|
|Course||Civil and Commercial Law|
|Keywords||Use sea facilities Maritime structures Registration Question and countermeasure|
Our country has not made the unified real estate registering law yet. In the practice, face the registration of the maritime structures by the state of the structure of the local law, still in blank situation by the registration of sea facilities. Facility and maritime structures register, cause, inquire inconvenient victory, lack public trust because of no unifying in the registration unit with sea. Meanwhile, connecting, making in own in common application concern, subject indeterminate and registration standard of expense diversified situation at the system.Property rights under the law the establishment of offshore structures, alteration, transfer, elimination should be registered. their related type that register. Proceed from convenient angle, register with sea facility and maritime structures type stipulate for being initial to register, shift, register, modification register, cancel, register, objection register with trailer registering. Facilities for the use of the sea should be. In order to define the right state and protect the quiet security and security worked up in trade, resignation system must confirm, register with to obey the location principle right. The effect of registration is divided into and registered the doctrine of confronting with each other and registered to want a doctrine. In accordance with registering the doctrine of confronting with each other, register the legal result not influencing the real right change or not, only while opposing the third party acting in good faith, not opposing making every effort without registering, registering has no function among party. On the contrary, register, want pieces of doctrine register biological right result of change between the party, there is no effect of the third person of face-off. The origins of these differences lie in change modes of the real right are different and cause. Until France control, read with realistic terms analyzing real estate of our country register, render a service, suitable for, adopt, register, take pieces of doctrine at present. According to the change mode of formalism. The effect of the real right change depends on that registers in announcement, biological right does not take place and render a service by the real right change registering. This kind of mode pays attention to the right to safeguard, also accomplish the complete guarantee of the trade, our country should take the formalism mode with facilities and the changes of the maritime structures of sea.In order to prevent the owner of the thing from being in the state of "sleep", ignore the thing, have the right not to need, cause the waste of resources, and safeguard third party acting in good faith’s rational rights and interests of occupying, can consider applicable to achieve tangible results system. As regards marketization governed by law, obligee will right marketization, it is for spending sea facility and it is self-evident too for obligees of structures maritime, it promotes making the best use of everything getting up, reduces the dispute, stabilize the function of the marketing order.Register the new development that is the future law of real right of our country with facilities and the maritime structures of sea, under the law system of the real right, launch from our country’s current maritime structures registration method and registration method of the sea area usufruct, adopt the comparative analytical method, text analytical method, the logic analytic approach analyzes the system of the registration method of maritime structures of our country is insufficient, scheme dealt with put forward.