The Study Of Disposal Of Shipbuilding Contract Under Shipyard's Bankruptcy

As a result of the global financial crisis,shipyard's orders are declined,more and more shipyards suffer bankruptcy crisis.When the shipyard goes bankrupt,the most important issue is the dispute between the shipyard and the ship owner about how to dispose the shipbuilding contract that both parties failed to fulfill.At present,there are studies on how to deal with the executory contract,but there are few studies on how to deal with the special executory contract,like the shipbuilding contract,in the process of bankruptcy.And there are few special provisions of China's domestic shipbuilding contract provide the agreement on the issue.Therefore,the author believes that it is necessary to carry out a systematic study of the problem to guide the theory and practice.The paper,through using these search methods of empirical analysis and comparative analysis,from China's legislative and judicial practice point of view,deals with the issue about the disposal of shipbuilding contract under shipyard's bankruptcy.In addition to the introduction and conclusion,the text of the paper includes four chapters.The first chapter analyzes the principles and the right of choice of the shipbuilding contract disposition when the shipyard goes bankrupt in China.It mainly analyzes the principles of the shipbuilding contract disposition when the shipyard goes bankrupt,including the maximizing the whole interests of the creditors,balancing value and efficiency.The right of choice of shipbuilding contract in the bankruptcy of the shipyard,which are entity,statutory and complex,the subject of the right of choice is the insolvency administrator,the exercising periods for the insolvency administrator are within two months after the acceptance of the insolvency proceedings or within 30 days after the imposition of the insolvency proceeding,the exercising manners include the right of choices to continue to perform and terminate the shipbuilding contract.The second chapter is the exercising manner of the right of choice of shipbuilding contracts in our bankruptcy law,which mainly discusses the right of choices of continual performance and termination of shipbuilding contract.The right of choice of continual performance of the shipbuilding contract is subject to the conditions of the insolvency administrator to report to the creditors 'committee,The People's Court or the creditors' meeting and to provide the security,and the chapter defines its legal effect.Also,the author finds out that the ship owner has an arbitrary right to terminate the shipbuilding contract and the right can be exercised against the insolvency administrator's right of choice to decide to continue to perform the shipbuilding contract;and for the right of choice to terminate the shipbuilding contract,the author studies the legal effect of shipbuilding contract under the conditions of ownerships of shipyard and ship owner.The third chapter is the exercising manner of the right of choice in foreign countries' bankruptcy laws,including Japan,the United Kingdom,Germany and the United States.It is helpful to our country's legislature through in-depth discussion on the right of choice of refusal to fulfill and the transfer of shipbuilding contract in American Bankruptcy Law.The fourth chapter is about the shortage and the recommendation of the Enterprise Bankruptcy Law of the People's Republic of China.The author suggests clarifying the exercising standard of the right of choice,limit the right of choice to terminate the executory contract,establish rules for the disposal of special executory contracts,including shipbuilding contracts and introduce the rules of rights of choices of transferring and refusing the executory contract.