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英国上议院对 Indian Grace(No.2 )一案的判决 ,改变了一个多世纪以来英国对物诉讼的传统法律原则 ,在英国国内外都引起了很大的震动。本文通过分析该案中法官的推理分析和社会各界对其的评价 ,指出Indian Grace(No.2 )一案对推动传统对物诉讼理论的发展 ,缩小两大法系在海事诉讼领域的差距等方面的积极意义。最后 ,本文根据该案对对物诉讼理论的新发展 ,就如何理解实施我国《海事诉讼特别程序法》第 2 5条的规定提出建议。
The decision of the British House of Lords in Indian Grace (No. 2) has changed the traditional legal principle of litigation in the United Kingdom over more than a century and has caused a great stir both in Britain and abroad. By analyzing the reasoning of judges in this case and its evaluation by all walks of life, this article points out that the case of Indian Grace (No.2) is of great significance in promoting the development of the traditional theory of object-based litigation and narrowing the gap between the two legal systems in the field of maritime litigation The positive meaning. Finally, based on the new development of object litigation theory in this case, this article gives suggestions on how to understand the provisions of Article 25 of China’s Special Procedures for Maritime Litigation.