A Study On The Relevant Issues Of Independent Guarantee In Ship Building Contract

The Independent Guarantee in the ship building industry is a common form of risk protection tool for shipyards and ship owners to fulfill the contract. And it became one of the series of legal documents of shipbuilding contracts indispensable. However, what the legal status of an independent guarantee in ship building contract is? How will it safeguard the interests of parties to the contract? And what is the conditions and the legal consequences of the transfer of the independent guarantee? All they became a matter related to the practice of the parties and practitioners. In addition, the paper will introduce the related international conventions and practices which will conduct a preliminary analysis of the likelihood of these international legislative practices applied in shipbuilding contract and provide some suggestions for the parties to resolve the legal issues in practice.This paper has four parts.The first part studies the overall condition of the ship construction contract to do an overview about independent guarantee. To begin with the development of the concept of independency, the gradual deepening of the legal characteristics of the shipbuilding contract guarantee of independence, and the types of issues such particularity. And ultimately the thesis settled on this real value of particular independence in ship construction.The second part analyzes the legal application of independent guarantee. It analyzes the legal nature of independent guarantee in shipbuilding contracts. And from the standpoint of international conventions, international conventions and other laws applicable, it studies the legal relationship of independent guarantee.The third part pays attention to the transferring.of independent guarantee. The discussion includes the type of transfering, regulatory and legal consequences of specific content. Finally, we focused on the shipbuilding contract in separate acts of transfer guarantee of fraud, advised to monitor their shipbuilding contract independently guarantee the transfer time fraud.The fourth part explores the legal risks posed by the independent guarantee in shipbuilding contracts and how to avoid problems. From the perspective of an independent body to guarantee the thesis proposes a reasonable division of risk, and suggests a number of levels of risk avoidance measures.