Research On The Legal Issues Of Risk And Prevention Of Shipbuilding Contract Of Shipbuilding Enterprises

Shipbuilding enterprise plays an important role in the development of national economy. The shipbuilding contract inextricably linked with the shipbuilding enterprise plays a significant part in lawful rights and interests of shipbuilding enterprise protection. In order to reduce the disputes caused by the ship construction, the particularity of shipbuilding contract should be systematically analyzed. But national"Maritime Law"has not made the specific stipulation to the shipbuilding contract, so the national shipbuilding contract applies mainly to the"Contract Law". Theoretically the legal nature of shipbuilding contract is more like the manufacturing contract. Before conclusion the shipbuilding contract, the shipbuilding enterprise must be careful enough to investigate the qualification of the ship owner. In addition, the shipbuilding enterprise should not simultaneously send out the firm offer to many ship owners, moreover, the term of validity should not be too long. In order to prevent the risk, we need to pay attention to the provisions and the letters which were formed in the process of negotiation. During the performance of the shipbuilding contract, when the shipbuilding enterprise or the ship owner breaks the shipbuilding contract, the relevant bank guarantee or the force majeure provision can prevent the risk of the shipbuilding enterprise; To prevent the risk of alteration of the shipbuilding contract, it's necessary to arrange the scope of alteration in the shipbuilding contract, and to state clearly that when the supplementary agreement goes into effect, the provision of the formerly shipbuilding contract loses efficacy, or the agreement takes precedence over the original shipbuilding contract stated in the supplementary agreement. Put in the provision that sharing responsibility for the exchange rate risk to guard against the risk.