Construction Of The Ship Ownership Of A Number Of Issues

As large amounts of money are required in the process of construction of a ship, the relevant parties to shipbuilding are concerned to ensure their rights and interests under the shipbuilding contract. The legislation on how to protect the rights and interests of the relevant parties is different from country to country, especially in the field of ownership of ships under construction. The ownership of ships under construction relates to a lot of issues. The establishment and improvement of the ownership system of ships under construction is helpful to define the relations pertaining to real rights in ships under construction, to protect the trade safety, to promote financing shipbuilding, and to provide a sound legal condition for development of marine transport industry and shipbuilding industry as well. However, China's legislation on ownership of ships under construction is too lagged to meet the needs of the practice. Therefore, the study on the system of ownership of ships under construction has the profound theoretical and practical significance.This thesis takes ownership system of ships under construction as the subject-matter, analyzing the relevant international convention and some overseas legislation, combining with the practice in China to study some issues on ownership of ships under construction.This thesis consists of five parts. The first part, from the angles of time and dimension, mainly discusses the definition of ships under construction, analyzing the legal character of ships under construction. The second part of this thesis analyzes the legal nature of a shipbuilding contract from two aspects, namely sales contract and contract for work and materials, meanwhile introducing some forms of shipbuilding contracts. The third part of this thesis studies the issue of transference of the ownership. The author of this thesis analyzes the above mentioned problem from two aspects, contract for work and materials and sales contract, and introduces the relating regulations of SAJ Form and AWES Form. While analyzing some theories of undertaking of risks, the fourth part discusses the undertaking of risks of ships under construction. Taking the registration of ownership of ships under construction as necessary, the fifth part, combining with the relevant international convention, some overseas legislation and the practice in China, studies the registry system of ownership of ships under construction,...