| One feature of sale and purchase of the second hand ship is that we always use format contract to carry it out. With respect to the contract of sale and purchase of ships, amongst many others, the prevalent form used in the ship sale and purchase market is "Norwegian Sale Form" (NSF); it has several versions which are classified by the year. They are versions of 1956,1966,1987, and 1993.This dissertation based on the newest version 1993 especially focuses on the items in NSF'93. Compared with its counterpart in NSF'87, there are some remediations. It also studies the legal issues of the buyers' remedies when the sellers breach the ship sale and purchase contract under English law with reference to English cases. This dissertation reduces the bargainer's obligations to three main points: the inspection of the ship, the surety of the quality and the delivery of the ship. In the dissertation, the concerned regulation of Chinese law and the real practice are mixed with the content.Ship inspection, which mainly comprises superficial inspection and dry docking inspection or diver's checkup and the inspection in delivery, exists during the whole process of sale and purchase of the ship. The inspection aims at that the purchaser can be informed of the condition of the ship before the delivery and judge whether the condition is the same when meeting delivery. During the inspection of dry docking, the bargainer is obliged to mend the ship to meet the requirement of the classification society if any disfigurement affecting the classification of the ship is found. If some defects so as to affect the ship's class are found, the buyers are entitled only to demand the sellers to make such defects good to the satisfaction of the classification society rather than cancel the contract. The buyers are entitled to cancel the contract only after the expiration of the canceling date because of the ship's mending.The bargainer has the obligation of assuring the quality. In English sale and purchase law, this obligation of the bargainer is mentioned casually, but it can be also applied to this point. The apparent obligations are shown as follows: When there is a delivery, the condition of the ship is as same as that of it when meeting the inspection. There is no pistil of the classification. There is no maritime defect affecting the classification, the availability of the certification concerned and exhibition period. In other words, the rights of the ship owned by the buyer should be legalized. Anyone's right shouldn't be encroached and by this cargo any third part shouldn't pledge right of the buyer.The sellers' obligations include transferring the title of and delivering the ship to the buyers (which is an essential obligation of the sellers), warrant that the ship's quality satisfies the sale and purchase contract, and warrant that the ship is free from any debt, as well as other contractual obligations. Transferring the ownership means delivering various documents and transferring the title of the ship to the buyers. Delivery of the ship means transferring the possession of the ship to the buyers. In practice, the procession of the former part is more complicated than the latter one. This dissertation introduces the detailed manners to carry it out and analyze different requirements of different NSF versions for the condition of the ship in transferring.The last part of the dissertation states the remedy for the buyer. The remedies in English law comprise the compensation for the damage, the payment for the breach; break the contract and the practical fulfillment and the ban system. The court only considers the equitable remedy when the common remedy is not enough to recuperate the damage or it is unfair to adopt it. If the bargainer breach the condition, then the buyer can cancel it and require for compensation; if the bargainer breach the warrant ,then the buyer can only require for compensation; if the bargainer violate the items, then the buyer's right to cancel the contract depends on the nature and the result of the violation. Under such a big principle, we can discuss the remedy respectively when the bargainer violates the three obligations mentioned above. Since the majority of the buyer are single-ship corporations ,the buyer should focus on the defense of the damage and not just the compensation afterward when the bargainer break the contract. Hence the buyer usually adopts to use "Mareva Injunction" to freeze the seller's property. The dissertation concludes the main principle and limitation of the buyer's application for the injunction. |
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