Examining Issues of Executing Enforcement Act/Rules/Regulations of Civil Law/the Civil Code with a Focus on Transport Vessels. / 強制執行事件實務問題之研究-以船舶強制執行為中心

碩士 / 國立臺灣海洋大學 / 海洋法律研究所 / 92 / The purpose of the study is to examine the problems and issues occurred during the process of executing Enforcement Act and to better understand its execution through analysis of existing facts and figures. Civil Enforcement, an enforcing power granted by Law to the agency concerned, is a process in which the Act is exercised to protect the creditor’s legal rights by constraining the obligor’s rights. Therefore, the execution of Enforcement Act of Civil Code is crucial to the protection of individual’s privacy, and the results of its execution affect the fairness of the Law. In executing Civil Enforcement, cases on transport vessels dispute are gaining importance as trade business has been increasing in recent years between Taiwan and nearby countries, especially China. The paper/report/study analyzes the issues involved when courts handle Civil Enforcement and explores the avenues for Enforcement Act for transport vessels and possible solutions to the issues when executing the law.Due to mainland China’s export prosperity, its sea transport has increased enormously, gradually becoming a transport tycoon on sea. To consolidate its maritime commercial law exercise, about vessel operation reinforcement, China has enacted a law - the admiralty proceedings - for vessel enforcement, outside its civil code and auctioning regulations. Because of the increasing trade activities between the two countries and because of the wide difference on their rulings regarding vessel enforcement, we feel that there is need to understand the discrepancies of both regulations. Another focus of this study/report/paper is on identifying the issues of the concerning law and rendering suggestions on how to execute the law more effectively.

Identiferoai:union.ndltd.org:TW/092NTOU5273031
Date January 2004
CreatorsKuen-Tzong Lin, 林坤宗
Contributors尹章華
Source SetsNational Digital Library of Theses and Dissertations in Taiwan
Languagezh-TW
Detected LanguageEnglish
Type學位論文 ; thesis
Format216

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