Study On Legal Problems Of Registration Of Vessel Under Construction

As substantial sums of money are at risk when the ships are being built, the relevant parties to shipbuilding are concerned to ensure that, in the case of the other's insolvency or violating the contract, their own loss will be kept to a minimum. The legislation on how to protect the interests of the relevant parties varies from state to state, in particular, in respect of whether and by what means real rights in vessels under construction can be registered. In China, registration of real rights in vessels under construction, as an indispensable part of ship's registry system is one of methods of public notice for real rights in vessels under construction. A perfect registry system, which is helpful to adjust and stabilize the relations pertaining to real rights in vessels under construction, to protect the trade safety, to promote financing shipbuilding, can provide a good legal situation for development of marine transport industry and shipbuilding industry. But Chinese legislation on registry system of real rights in vessels under construction is too lagged to meet the needs of the practice. Therefore, the study on registry system of real rights in vessels under construction has the profound theoretical and practical significance.This thesis takes registry system of real rights in vessels under construction as the subject-matter, analyzing the relevant international convention and some foreign legislation and combined with the reality of our state, which does the comprehensive research on registration of real rights in vessels under construction. This thesis consists of seven chapters, mainly discussing the definition of vessels under construction, registration of ownership and mortgage, system of vormerkung, legal effect of registration and legal liabilities of registration authority, etc, and providing some legislative advices for reference on how to perfect the registry system of real rights in vessels under construction.