The Feasibility Of Notice Registration System To The Ownership Of The Ship Construction

As the developing of the economy and the shipping industry, shipbuilding in China has gradually become a great power. China's property law and maritime law did not make provision for ownership attribution of the ship under construction, so our law is lack of effective protection for the creditors to get the rights of ownership of a ship prior to the registration of transfer of ownership when the contract has been signed.By the theory of the property right alternation adopting the formalism of debiting, the right has not been under the legal protection, which the debtor requires the creditor to perform the delivery of the ownership according to the contract.There is a danger in which the purpose of this transaction would not be achieved so that it could be a flaw in the existing law.To compensate for this vulnerability, response to changes in the delivery of property act protected by the law, creditors look on the registration of ownership, to give creditors requires the debtor to fulfill delivery practices to ensure that future requests for access to the right of ownership and be registered, that registration of the establishment of the ship notice system. Taking into account the construction of the ship as a special kind of property objects, in the first two chapters on the construction of the ship's ownership of discourse, I start with the definition of its legal property of the ship start to analyze the characteristics of ship ownership and contentthen extended to the construction of ships in the ship's paper. Because the nature of ship construction contract to build the ship is the property, so the author discusses the different legal nature then the shipbuilding contracts and vested ownership under the contract. In the third chapter, notice of the registration system by analyzing the legal nature, characteristics and applications in the legal field. Notice registration system has three legal effect (the right to preserve the effectiveness of over all security effectiveness and the effectiveness of bankrupt protection) allows creditors of property, can effectively protect the right to request future claims, so I used the registration system proposed notice ownership of a ship under construction has a reference, and discusses the construction of ship ownership in the implementation of the feasibility of notice registration system.