海商法试题（Maritime law examination）.docVIP

海商法试题（Maritime law examination） First, the concept discrimination problem Negligence of 1. pipe cargo and negligence of vessel (Zhang P100) The negligence of cargo is when the ship is sailing, because the use of the equipment or machine on the ship is mainly the negligence of the goods, such as ventilation equipment and the use of refrigerating equipment. Vessel negligence is in the process of navigation, while maintaining the normal operation of the ship, the ships performance and maintain effective effective state of negligent acts, such as the drain plug, the pressure in the cabin crew to clean up the water overflow, obstacles caused by the broken pipes etc.. The criterion of the difference between vessel negligence and cargo negligence: the object of action and the theory of purpose. To see whether an act is aimed at the ship or the goods, is the purpose of ship management or the purpose of cargo management?. 2. hook to hook principle and side to side principle (Zhang P98) According to the provisions of section fifth, Hague rules, the carrier of the goods transported by the responsibility from the cargo is loaded on board to discharge from the ship when the carrier is in charge of the goods in the whole time, simply means loading to unloading. This period of responsibility is divided into tow types: (1) use of the ships derrick loading and unloading operations, the implementation of the hook to hook principle, namely from the port of loading to the port of discharge hook force began to unload off the hook until the entire period; (2) the use of shore boom operations, while the . To the side of principle, namely the goods from the port of loading to pass the ships rail unloading gangyue over the ships rail until the entire period when; Two, the judgment analysis question 1. of Chinas maritime law provisions of article third of the ship in the mortgage is taken by the ship mortgage registration antagonism; third outside should apply the security law provisions of