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The Study on Legal Remedies of the Builder for the Buyer’s Default under Shipbuilding Contract

Author: LiuXiaoFei
Tutor: DanHongJun
School: Dalian Maritime University
Course: Maritime school
Keywords: Shipbuilding contracts Remedies for breach Standard Contract Shanghai format
CLC: D922.294
Type: Master's thesis
Year: 2011
Downloads: 71
Quote: 1
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Abstract


The global financial crisis began in August 2008, which greatly impact the ship construction market, serious buyer defaults, causing great losses to the Builder. China has received new ship orders over shipbuilding superpower Korea, the to become future shipbuilding industry led. Therefore, the buyer defaults on the impact of China's shipbuilding industry. Most widely applicable international the SAJ standard shipbuilding contract a lot of the terms are not suited to China's ship export trade, the Baltic and International Maritime Conference vigorously promoted NEWBUILDCON of standard shipbuilding contracts focus on the protection of shipowners interests, most of the provisions of the draw of the China State Shipbuilding Corporation CSTC standard shipbuilding contract the SAJ standard shipbuilding contract, many provisions not suited to the modern development of the shipbuilding industry. In March 2011, the China Maritime Arbitration Commission officially released the new Chinese standard shipbuilding contract (referred to as the \the new specification, the new standard, but many of the provisions relating to the terms of the buyer's breach there have a lot to be desired. Multi-view of standard shipbuilding contract governed by English law, English law and Chinese law Comparative Study Fangli Yi protection of our construction is very important. In this paper, using the theory of efficient breach \the first chapter overview shipbuilding contract, a detailed analysis of the concepts and legal characteristics of the shipbuilding contract, and a comparative study of the nature of the shipbuilding contract under English law and Chinese law, a detailed description is prevailing in the international shipbuilding contract. The second chapter elaborates the buyer's breach of the legal environment on liability for breach of law and economics analysis theoretical analysis of the factors affecting the buyer's breach, breach of law and economics with a cost - benefit analysis and efficiency profoundly reveals the financial crisis Since the buyer defaults influencing factors. Solve the buyer's breach legal remedies for targeted research under a different classification system under English law and Chinese law, a comparative analysis of the ship construction liability for breach of the terms of the standard contract. Chapter buyer's obligation to pay legal remedy violations of the boat price, in-depth analysis of the content and the legal consequences of breach of this obligation to pay obligations of the ship price, and standard the shipbuilding contract terms analyzed, comparing English law and Chinese law breach of this obligation. different remedies, legal countermeasures for China's construction party. Chapter buyer's breach of obligations legal remedies for its arrival, analysis of the content of its arrival obligations, and breach of the legal consequences of its arrival obligations for analysis, and the United Kingdom law and Chinese law, breach of the different relief for our Builder provides legal countermeasures. Chapter V of the buyer's breach of other contractual obligations and provide legal relief is a violation of the obligations of the prescribed period approved drawings, violation trials obligations, in violation of the notification obligations of the warranty period.

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CLC: > Political, legal > Legal > Chinese law > Economic Law > Business Economics and Management Act
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