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A Study On Legal Remedies Of Buyer In International Shipbuilding Contract

Posted on:2009-06-13Degree:MasterType:Thesis
Country:ChinaCandidate:W Y GuoFull Text:PDF
GTID:2166360242474414Subject:International Law
Abstract/Summary:PDF Full Text Request
With the development of economic globalization, international trade becomes more and more frequent and navigation industry has a quick development. As the upstream of navigation industry, shipbuilding industry also has a quick development. More and more people enter the industry. However, our country's shipbuilding industry still has quite a few problems in the law rules and practices, which influence our country's economic development.Based on Form "SAJ", combining Form "AWES" and Form "CSTC", the author analyses the main responsibilities of seller under international shipbuilding contract, which is the seller should deliver the ship to buyer on time and with good quality. Based on analyses on the cases about shipbuilding contract, taking the thought of "responsibilities--duties--remedies", the author analyses seller's main breach of shipbuilding contract and the legal remedies taken by buyer according to shipbuilding contract and law.This paper is divided into four chapters. Chapter 1 analyses the characters and nature of shipbuilding contract, main relationship, and application of law by use of the theory of contract law and international private law. Chapter 2 analyses theoretically seller's main breach of shipbuilding contract and the legal remedies taken by buyer according to shipbuilding contract and law. Chapter 3 analyses the possible legal remedies taken by buyer when seller delivers the ship late or does not deliver the ship to buyer. Chapter 4 analyses the possible legal remedies taken by buyer when seller is in breach of warranty about ship's quality.The author is of the view that buyer should better reach a contract with seller in details. If buyer selects a certain standard form, he should try to amend some clauses to protect his rights. As far as the Article 25 of Maritime Code of the People's Republic of China, the regulation has the premise for applying.
Keywords/Search Tags:Shipbuilding Contract, Delivery of Ship, Quality Guarantee, Legal Remedies
PDF Full Text Request
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