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论垫付费用及其索赔──关于船员工资及修船费等垫付费用优先受偿问题的探讨 被引量:1

On Advances and Claims Thereof
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摘要 In shipping practice, it’s a normal phenomenon that one ad-vances money to the debtor to pay off a third party’s claims.When the debt paid thereof is one of priority, i. e- one secured by maritime lien, possessory lien or mortgage etc., such as seamen’s wages, ship-repairing costs, ship’s necessaries and so on, disputes arises as to what rights and remedies are vested in the one who advanced the money. This article deals with the subject in the aspects of jurisprudence, legislation and practice,and concludes that one who advanced the money to discharge a debt gets rights and remedies of equal dignity with the one dis-.charged. In shipping practice, it's a normal phenomenon that one ad-vances money to the debtor to pay off a third party's claims.When the debt paid thereof is one of priority, i. e- one secured by maritime lien, possessory lien or mortgage etc., such as seamen's wages, ship-repairing costs, ship's necessaries and so on, disputes arises as to what rights and remedies are vested in the one who advanced the money. This article deals with the subject in the aspects of jurisprudence, legislation and practice,and concludes that one who advanced the money to discharge a debt gets rights and remedies of equal dignity with the one dis-.charged.
作者 朱清 邱靖
出处 《中国海商法年刊》 1997年第1期267-287,共21页 Annual of China Maritime Law
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