On March 25th, 2021, Nanjing Maritime Court(herein after referred to as “NMC”)held the fourth session of the “Maritime Lecture” in 2021, in which Li Houlong, Secretary of the Party Committee and President of NMC gave a lecture on “The New Provisions of the Civil Code and its Judicial Interpretation on the Guarantee System”, with Min Xing, member of the Party Committee and Director of Personnel Department presiding over the lecture.
As an important civil legal system, guarantee involves all aspects of the civil legal system, and the improvement of the guarantee system plays a vital role in promoting economic development. Li Houlong systematically sortedout the revision and improvement of China’s guarantee system from five aspects: the issue of the subordination of guarantee, the issue of the effectiveness of guarantee, the order of guarantee and other rights in rem, the liability of guarantee, and atypical guarantee.The focus was on the validity of guarantee contracts, the application of registration antagonism of movable mortgages, the priority of competing rights over movable assets, independent guarantee, fluidity contracts and other difficult and complex issues of the guarantee system, which were comprehensively explained and highlighted.Based on the relevant provisions of the Maritime Law and typical cases, the lecturer analyzed in depth the special rule requirements and problems of ship mortgages and liens in comparison with the ship property regime and the general property regime.
Li Houlong stressed at the end of the lecture that all officials shouldseriously study and implement the provisions of the Civil Code and its judicial interpretation, accurately apply the legislative spirit of the Civil Code in the trial and implementation to better protect the legitimate rights and interests of the people and promote the healthy development of the economy and society. It is necessary to focus on the new provisions of the Civil Code and the application of major amendments, focus on combining maritime trial practice, continuously accumulate trial experience, and provide judicial wisdom for the revision of the Maritime Law. To adhere to the above, allthejudgesoughttostrengthen the daily learning, study the analogouscasesandenhance professional trial ability. It’s also beneficial to encourage the court president andotherjudges to share their learning and research experience, so as to create a good atmosphere of “Be diligent to research, Be good at summary, Be bold to report results” in the maritime court.
All officers of NMC attended the training.
