The relationship between the successive acquisition of ship ownership and the bona fide acquisition

As a special movable property, our country implements the registration requirements.

If it is not registered, there is no effect of a change in ownership, i.e. a subsequent acquisition (as opposed to the original acquisition).

The bona fide acquisition system is designed to protect the stability and security of the transaction and the unspecified bona fide third party.

The acquisition of goodwill in this regard is nothing more than the sale of more than one ship. first sold to A (unregistered, whether in possession or not) and then to B (registered). Then, of course, the law gives priority to protecting B's ownership, and A's claim can only be asserted by the seller, but not by himself.

This is the classic goodwill acquisition.

However, the specific situation needs to be analyzed on a case-by-case basis.

First of all, distinguish the difference between successive acquisition and bona fide acquisition: the acquisition of ownership in civil law is divided into 1. original acquisition; 2. Succession acquisition. Original acquisition refers to the creation of a title in a thing, such as pre-emption, construction, production, attachment, commingling.

Acquisition by succession usually refers to the acquisition of ownership through sale, gift, inheritance, etc. The bona fide acquisition belongs to the first method of acquisition, that is, the original acquisition, which exists in the case where the transferor has no right to dispose of the thing or disposes beyond its authority, and its elements are: 1. The acquirer is subjectively bona fide; 2. Pay the corresponding consideration; 3. The movable property has been delivered and the immovable property has been registered;

Since the acquisition of the ownership of a ship is a succession acquisition, it is fundamentally different from the concept of bona fide acquisition, and China's ships are quasi-immovable property, and the difference between them and immovable property is that the transfer of ownership of immovable property is subject to registration as an effective condition, that is, the ownership of immovable property cannot be transferred without registration. On the other hand, the transfer of ownership of quasi-immovable property such as ships and automobiles is subject to delivery, and once delivered, the ownership is transferred, and registration is only an element of confrontation.

You are wrong, China's "Maritime Law" implements the doctrine of registration confrontation against ships! Not validity!

Common ways to acquire ship ownership include the following:

Common ways to acquire ownership of a ship include:

Purchase: Buying a ship is the most common way to take ownership of a ship. This approach comes at a high cost, but the purchase allows for full ownership of the vessel and the freedom to dispose and operate it.

Chartering: A charter is a way of leasing a vessel in which the charterer can use the vessel for the duration of the charter, but does not own the ship. This method is more flexible than purchasing and has lower input costs.

Transfer: The process of transferring ownership of a ship from one person or institution to another is known as transfer. The transfer can be carried out by **, gift, etc. <>

Inheritance: Ship ownership can be acquired by inheritance. When the owner of the ship dies, the ownership of the ship in his estate can be distributed according to a will or inheritance law.

Nationalization: Nationalization can be done to acquire the right to travel on certain vessels, usually in the national interest or public interest.

Ship ownership can be divided into two types: original acquisition and subsequent acquisition. Original acquisition is the direct acquisition of ownership in accordance with the provisions of the law. Acquisition by succession refers to the acquisition of ownership from the original owner through some legal fact.

1. Difference between trademark ownership and use rights.

The difference in definition: the right to use a trademark refers to the right of the trademark owner to exclusively use the approved trademark for use on the goods approved for use and obtain legitimate interests. Trademark ownership, also known as the right to possess and use trademarks, is a type of industrial property rights, which refers to the exclusive right granted by the trademark authority to the trademark owner to protect its registered trademark by national law in accordance with the law.

The rights enjoyed by the registrant or successor of the registered trademark within the statutory time limit before the old trademark or the successor of the right to the registered trademark in accordance with the law. The right of use is included in the ownership rights.

2. What are the ways to obtain software copyright?

1. The so-called "original acquisition" refers to the acquisition of rights not on the basis of the existing rights of others, but the initial acquisition of rights. The original acquisition of copyright mainly includes the following specific circumstances: (1) A natural person obtains a copyright due to a creative act.

2) Legal persons and other organizations have obtained copyrights due to legal provisions. In the case of legal entities and other organizations, they may acquire copyright in accordance with the original nature of the direct provisions of the law if they preside over a creative activity that embodies their will. (3) Natural persons or legal persons and other organizations have obtained copyrights due to legal presumption of law.

2. The so-called "successive acquisition" refers to the acquisition of rights in a situation where the acquisition of rights is derived from the existing rights of others. The successive acquisition of copyright mainly includes the following specific circumstances: (1) acquisition by agreement (2) acquisition by inheritance.

3) Obtained by law.

3. There are several ways to obtain the right to request payment.

There are two ways to obtain the right to request payment:

1. The original right to request payment was obtained. The original right to claim payment refers to the right holder to obtain the right to request payment without other previous rights holders, including two ways of issuance acquisition and bona fide acquisition: issuance acquisition refers to the actual possession of the bill by the right holder according to the invoice behavior of the issuer, so as to obtain the right to claim payment.

Acquisition in good faith means that the transferee of the instrument receives the instrument from the person who has no right of disposition without malicious intent or gross negligence, so as to obtain the right to claim payment;

2. The right to receive payment requests. The right of inheritance of the right to claim payment means that the holder obtains the right to request payment from the predecessor who has the right to dispose of the instrument, and according to the endorsement or simply the delivery of the negotiable instrument.

Maritime Law of the People's Republic of China

Article 9 The acquisition, transfer, and extinction of the ownership of the ship shall be registered with the ship registration authority; Without registration, they must not confront a third party.

A written contract shall be signed for the transfer of ownership of a ship.

Article 10 Where a ship is jointly owned by two or more legal persons or individuals, it shall be registered with the ship registration authority; Without registration, they must not confront a third party.

The common ways to obtain ship ownership are: original acquisition and subsequent acquisition. At the same time, the state can obtain the ownership of the ship through confiscation, capture, requisition, etc., and the purchase of a new ship is also the main form of the original acquisition of the ownership of the ship, and the main forms of succession and acquisition are the purchase of the old ship, inheritance, gift, insurance commission, etc.

1. How to agree on the continued use of the subject matter by the buyer at the time of the transaction.

The seller agrees to continue to use the subject matter and take possession of the subject matter when the modification agreement is reached, and the buyer acquires ownership. The creation and transfer of movable property rights generally take legal effect at the time of delivery, and the creation, alteration, transfer and extinction of real rights such as ships, aircraft and motor vehicles shall not be used against bona fide third parties without registration.

2. How to legally obtain trademark rights.

There are two ways to acquire trademark rights: original acquisition and subsequent acquisition. (1) The original acquisition of a trademark right, also known as the direct acquisition of a trademark right, refers to the creation of a trademark right, which is not based on the existing trademark right of another person or based on his will.

2) The successive acquisition of trademark rights, also known as the acquisition of trademark rights, refers to the acquisition of trademark rights based on the existing trademark rights of others and the will of others.

3. What are the two ways of obtaining copyright?

There are two ways to acquire copyright: original acquisition and subsequent acquisition. Original acquisition means that the author automatically obtains the copyright after completing the creation of the work, and the author is the copyright owner at this time. Successive acquisition, that is, another person obtains part of the copyright interest of the copyright through inheritance or by signing a transfer contract with the copyright owner.

Subsequent acquisition can only acquire property rights therein.

Article 5 of the Regulations on the Registration of Ships.

The acquisition, transfer and extinction of the ownership of a ship shall be registered with the ship registration authority; Without registration, they must not confront a third party. If the ship is jointly owned by two or more legal persons or individuals, it shall be registered with the ship registration authority; Without registration, they must not confront a third party.

Article 129 of the Civil Code of the People's Republic of China.

Civil rights may be obtained on the basis of civil juristic acts, factual acts, events provided for by law, or other methods prescribed by law.