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原文传递 Theories ana Practices on the Transference of Ownership of the Ship Sale and Purchase - Based on the Maritime Law and the Norwegian Sales Form

题名：	Theories ana Practices on the Transference of Ownership of the Ship Sale and Purchase - Based on the Maritime Law and the Norwegian Sales Form
正文语种：	中文
作者：	方凱弘
关键词：	Intentionalism theory;Formalism theory;Consignment;Registration;Certification and seal
摘要：	Regarding to the transference of ownership in the ship sale and purchase contract, there are intentionalism, formalism, and eclecticism in the property law. However, owing to the immovable property characteristic of ship, it needs to make research for the timing of the transference of ownership considered completely of theory changing in the maritime law. Compared to the Norwegian Sales Form (1993), this study tries to find a specific timing to judge complying with theories and practices. To modify the regulation for the transference of ownership, it is advised to take intentionalism theory as priority and formalism theory as secondary. This way will make the transaction fast and safe. Also it can enhance the shipping market efficiency and achieve the shipping policy. According to article 8 required "Certification and Seal" in Taiwan Maritime Law, some researchers defined as formula intentionalism or strict formalism. This requirement goes against theories and practices. Recommend to delete "Certification and Seal" and make it to comply with actual shipping market operation in practice.
期刊名称：	航运季刊
出版年：	2017
期：	12
页码：	31-50