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Study Of Legal Problems On Shipbuilding

Posted on:2014-09-19Degree:MasterType:Thesis
Country:ChinaCandidate:M Y FangFull Text:PDF
GTID:2296330431988318Subject:Law
Abstract/Summary:PDF Full Text Request
China’s shipbuilding industry has developed remarkably since China’s Reform and Open-up. As the recovery of international maritime and a great increase in demand for ship, China has step by step become shipbuilding power. However, these years China’s shipbuilding industry has been prevented from growing due to the decrease in demand for ship, which is caused by the international financial crisis. Facing the problem, our shipbuilding enterprises still hold large orders. In order to protect the benefit of both parties of the shipbuilding contract, it is of great importance to study some legal problems on shipbuilding.This paper consists of four chapters to discuss legal problems on shipbuilding.The first chapter is the introduction part. The author here mainly talks about the background of the subject, the theory and value of the subject, and the research methods this paper may use.Chapter two is about the shipbuilding contract. Different legal property of shipbuilding contract may lead to the difference on ownership and crisis burden. There are two classifications of the shipbuilding contract, one is the sales contract and the other is contract. The author discusses the pros and cons of both classifications and suggests that sales contract is a better choice from the view of adapting to the international business contacts and balancing rights and duties between two parties. Then it comes to the breach and relief of both parties.Chapter three is about the ownership of shipbuilding. Through referring some cases, the author wants to make it clear that clarifying the ownership of shipbuilding is not only of necessity but also of possibility. If the word lien is shown up in the contract, it means the buyer is the owner of the shipbuilding. Otherwise, whoever provides the building materials, he has the ownership. As to the sales contract, the author mainly talks about the transfer of ownership and crisis burden. The ownership can be transferred before or after delivering the ship, and the crisis burden falls along with the delivery.The last chapter, chapter four, is about the mortgage of shipbuilding. The construction of a vessel requires great amount of money. Both parties can not afford it by their own. In this case, there is a common practice, that is, to take the shipbuilding as the object of mortgage. The author here will focus on mortgage subject, parties, register, fulfillment, insurance, etc..
Keywords/Search Tags:shipbuilding, ownership, mortgage, breach, relief
PDF Full Text Request
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