A Study On The Ownership Of Vessel Under Construction

With the economic and social developing,the marine economy is becoming more and more important.The basis of the development of the marine economy is to have a deep understanding of the ocean.In order to explore and master the oceans,lots of sea-related research institutes and universities have customized oceanic scientific vessel.However,the ownership of the scientific vessel under construction is not clear enough,then risks and rights can't be shared well,and disputes will arise in the future.Shipbuilding is a relatively long-term process.Ships under construction have their own particularities and are special movable assets.Identifying the ownership of the ship under construction and clarifying the rights and obligations of both parties can make the situation of their respective risks more clearly,and be conducive to the financing of the shipbuilding process.However,all countries have not directly provided direct regulations on the ship's ownership under construction,so we can only judge the ownership by the ship's construction contract.The ship construction contract has different nature under the legal system of each country,resulting in ownership of ships under construction belonging to different parties,but whether the ownership under the sales contract belongs to the shipyard or the ownership of the ship under the contract is the ship's subscriber,there is a problem of unbalanced interest protection.The key to ownership of ship ownership is the balance of interests between the two parties.This paper proposes to create a new concept of “utilities right”--“ship building right”,which stipulates ownership of ship under construction as ship subscriber and ship builder has utilities right--"shipbuilding right" balances the interests of both parties and can have a very good effect.Due to statutory property rights,prior to the creation of the “shipbuilding right” by law,the existing ship under construction registration system is improved to require the both parties to agree on the ownership in advance,which will play an important role in stopping disputes.