Chapter 4 Introduction of

Maritime Law
 Section 1 Definition and Subject Matter
of Maritime Law
I
Definition of CMC Art.1
maritime law/law of This Code is enacted with a view to
admiralty regulating the relations arising from
maritime law maritime transport and those pertaining to
or law of admiralty ships, to securing and protecting the
legitimate rights and interests of the parties
concerned, and to promoting the
development of maritime transport,
economy and trade.
 II 、 Subject matter of maritime law
(I)special social relationships in marine transport

1
2 3

The contract Law relationship Law relationship

relationship deriving from deriving from
related to marine maritime tort marine special
transport
risk
(II) special social relationships related to ship

1 2 4
3
Legal status of Real right of ship: Ship Ship
ship ： ownership of safety:seaworthin management:
Nationality; flag; ships; mortgage of ess conditions; register;
right of cabotage ships; maritime survey; pilotage; administration,
, etc. liens; possessory manning; etc. etc.
lien of ships , etc.
 Section 2 Sources of Maritime Law
I 、 National Legislations

II
CMC Art.268 （ 1 ）
CMC Art.1
If any international treaty concluded or
International This Code is enacted with a view to
acceded to by the People's Republic of
Shipping regulating the relations arising from
China contains provisions differing from
Conventions maritime transport and those pertaining to
those contained in this Code, the
ships, to securing and protecting the
provisions of the relevant international
legitimate rights and interests of the parties
treaty shall apply, unless the provisions are
concerned, and to promoting the
those on which the People's Republic of
development of maritime transport,
China has announced reservations.
economy and trade.
III 、 International Shipping practice

CMC Art.268 （ 2 ）
International
practice may be
applied to matters
for which neither the
relevant laws of the
People's Republic of
China nor any
international treaty
concluded or
acceded to by the
People's Republic of
China contain any
relevant provisions.
 IV 、 Other Resources of Maritime Law

(i) (ii)

cases doctrines
and legal
theories
Section 3 Nature, Characteristics and
Developing Tendency of Maritime Law
I
(1) part of commercial law
(2) special law of civil law
(3) part of economic law
Nat (4) part of maritime law
ure
of
(5) branch of International
ML economic law
(6) independent legal branch
II 、 Characteristics of Maritime Law

strong foreign-related character (1)

strong technical characters:collision

avoidance;salvation;freight;ship structure;equipment of crew
(2)

risky;special clauses (3)

III 、 History Development of Maritime Law

1.Unified trend

2.Greater responsibility of shipowners

3.Devleoping towards the Public Law

4.Maritime legislation developing from cargo-centered

to ship-centered

5.Crew legislation developing from welfare to

qualification