Research On The Protection Of Shipyard's Interests In Shipbuilding

Shipyard is a main participant of shipbuilding relationship,whose interests protection is not only concerned of a shipbuilding contract realized successfully,but also reflects the standardization of the operation of the shipbuilding market.To protect the lawful rights of shipyard in shipbuilding transaction is one of the means of promoting the healthy development of shipbuilding market,and further promoting the prosperity of the shipping industry.It is a research on shipyard's interests protection in shipbuilding transaction to discuss the risks about protecting the interests of shipyard and how to resolve these.This article is divided into three parts:introduction,text and conclusion.The text consists of five chapters,which are:Chapterl "The Necessity of The Protection of Shipyard's Interests”.In this chapter,based on the analysis of the structure of shipbuilding legal relationship in Section 1,the necessity of the protection shipyard's interests under the shipbuilding contract and correlative legal relationship is analyzed in Sections 2 and 3.Chapter? "The Protection of Shipyard's Interests When Concluding The Shipbuilding Contract".To conclude a Shipbuilding contract,using a standard format is usual.Section 1 of this chapter analyzes how to choose a appropriate standard format to protect the interests of shipyard.In this chapter,sections 2,3 and 4 discuss shipyard's quality guarantee,delivery and price payment,the three clauses influencing protection of shipyard's interests most.Chapter? "The Protection of Shipyard's Interests When Implementing The Shipbuilding Contract".In the process of implementing shipbuilding contract,the risk from the buyer is primary for the shipyard,including the risk of buyer's default.Section 1 of this chapter discusses the risk of buyer's default and the protection of shipyard's interests when facing "it.Section 2 analyzes the risk when shipyard defaults.It is recommended to limit the amount of compensation by shipyards to a certain extent through the liquidated damages to protect its own interests.Section 3 analyzes the exemption situations stipulated by the law and the shipbuilding contract,and recommends shipyard how to uses these to exempt from the liability for breaching contract and safeguard its own legitimate rights and interests.Section 4 analyzes the influence of shipyard when buyer bankrupt,to arise out measures which can protect shipyard's interests in the situation.Chapter? "The Protection of Shipyard's Interests in Guarantee Relationship".Guarantee is an important tool to protect shipbuilder's interests.During a ship construction,guarantee and possessory lien,two forms of guarantee,are widely used.Section 1 of this chapter discusses the impact of the guarantee on shipyard's interests under the shipbuilding contract,and issues of identifying independent insurance.On this basis,the risks and benefits of the shipyard providing and accepting the guarantee are explained separately.Section 2 discusses shipyard's possessory lien,introduces the object,effectiveness and method of exercising possessory lien.On this basis,it discusses problems arising from exercising possessory lien and,proposes the solutions.Chapter ? "The Protection of Shipyard's Interests in Insurance Relationship".Section 1 of this chapter introduces shipyard's obligations under shipbuilding contract to insure,points out the issues that shipyard may encounter when insuring and how to resolve.Section 2 discusses the protection of shipyard's interests in Builder's Risks.