ABSTRACT
The issues of applicable law and time limits are commonly raised in Chinese judicial practice. This chapter discusses the applicable law, international law and public policy, time limits for maritime claims, and suspension and discontinuation. The discontinuation of time limits in the General Principles of the Civil Law 1986, as amended in 2009 is different from that of the Chinese Maritime Code (CMC) 1992. Under the CMC 1992, the law of flag State of the ship shall apply to the acquisition, transfer and extinction of the ownership of ship. Under the General Principles of the Civil Law 1986, as amended in 2009, a limitation of action shall be discontinued if a suit is brought or if one party makes a request for damage or agrees to perform obligations. The General Principles of Civil Law 1986, as amended in 2009, provide that the limitation of action regarding applications to a Chinese court for protection of civil rights shall be two years.
