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Construction Of The Ship's Mortgage

Posted on:2008-03-28Degree:MasterType:Thesis
Country:ChinaCandidate:M Q GuFull Text:PDF
GTID:2206360242469986Subject:International Law
Abstract/Summary:PDF Full Text Request
The dissertation mainly studies on mortgage on vessel under construction. Several fundamental issues in this field are discussed. The first chapter states the object scale for the mortgage on vessel under construction. The phases of vessel's building are introduced by stating its main history and technical development. Then the conclusion of the object scale of vessel under construction is drawn on the basis of the discussion on its law attribute. Chapter two, firstly give detailed analysis on the way of determination of the owner of vessel under construction, which is discussed in two different parts: one is in the condition that the ship owner is clearly stipulated in the building contract and the other goes with no such stipulation. Meanwhile, it is proposed that Chinese law give a definition on vessel building contract as a sale contract which is in favor of protecting builder's interest. Secondly it appears how to ascertain the mortgager of the vessel under construction in three aspects: 1. When the vessel building contract does not specify the ownership of vessel; 2. when the contract states that ownership is transferred on delivery; 3. when the contract states that ownership is transferred before delivery. By means of analysis and comparison on the legal provisions and cases, the author finds that it is very flexible for contractors to stipulate the ownership in the contract thus give advice that the owner should make full use of contract which will contribute to the verification of mortgage afterwards. In Chapter three, it indicates how to confirm the value of mortgage on vessel under construction in different countries, as well as the advantage of floating charge and corresponding provisions in Chinese Law. As vessel under construction cannot be deemed as fixed charge therefore it is hard to make mortgage on vessel under construction adapted to fixed charge system, basis aforesaid, it is suggested to cite floating charge system, which has been submitted by Law of Real Right (issued in 2007). Chapter four is with regard to the Register System which is a necessary part of the system of mortgage on vessel under construction, however, it is lack of specific law to support Register in China, some proposed methods were formulated in a few provinces up to last year. Furthermore, by given of introduction of legal provisions in other countries and disclosure of the defect of Chinese Law , the author proposes out some advises to help in establishing a perfect register system.Finally, the author draws a conclusion on the above issues, and put forward some suggestions on mortgage on vessel construction, for purpose of exploring a system in favor of the national condition as well as normal practice.
Keywords/Search Tags:Vessel under Construction, Mortgage, Floating Charge
PDF Full Text Request
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