船舶企业造船合同风险防范法律问题研究
发布时间：2019-03-18 13:29
【摘要】： 船舶企业对国民经济的发展发挥着重要的作用,与船舶企业密不可分的造船合同能够为船舶企业保驾护航。为了减少因船舶建造引发的纠纷,应系统的分析造船合同的特殊性。而我国《海商法》并没有对造船合同做出专门的规定,所以我国的造船合同主要适用的是《合同法》。从理论上分析造船合同的性质,更趋向为加工承揽合同。在订立造船合同前,船舶企业对船东主体资格的审查要足够细致。此外,船舶企业不应向多个船东同时发出实盘,而且实盘的有效期不宜过长。通过对合同谈判过程中形成的有关文书及造船合同中重要条款的分析也能防范风险的发生。针对造船合同履行过程中的风险防范问题,船舶企业可以通过银行开出的相关保函或者在合同中加入不可抗力条款来防范违约风险;通过在合同条款中约定详细的造船合同可以修改的范围,或者在补充协议中写明,补充协议生效时原造船合同中的对应条款失效或者此补充协议的效力优先于原造船合同,以此防范造船合同变更的风险;通过在造船合同中加入汇率风险分担条款来防范汇率风险的发生。
[Abstract]:Shipbuilding enterprise plays an important role in the development of national economy. Shipbuilding contract, which is closely related to shipbuilding enterprise, can protect ship enterprise. In order to reduce disputes caused by ship construction, the particularity of shipbuilding contract should be analyzed systematically. But China's Maritime Law does not make special provisions on shipbuilding contract, so the shipbuilding contract of our country is mainly applicable to contract Law. From the theoretical analysis of the nature of shipbuilding contracts, more tend to be processing contract. Prior to the conclusion of the shipbuilding contract, the shipowner's qualification examination should be careful enough. In addition, ship enterprises should not issue a firm offer to multiple shipowners at the same time, and the validity period of the firm offer should not be too long. The risk can also be prevented through the analysis of the relevant documents and the important clauses in the shipbuilding contract formed in the process of contract negotiation. In view of the risk prevention in the process of carrying out the shipbuilding contract, the ship enterprise can prevent the risk of breach of contract through the relevant guarantee issued by the bank or by adding the force majeure clause in the contract. By stipulating in the terms of the contract the extent to which the detailed shipbuilding contract may be modified, or by stating in the supplementary agreement that the corresponding clause in the original shipbuilding contract becomes invalid when the supplementary agreement becomes effective or that the validity of the supplementary agreement takes precedence over the original shipbuilding contract, In order to prevent the risk of shipyard contract change; The exchange rate risk sharing clause is added to the shipbuilding contract to prevent the exchange rate risk.
【学位授予单位】：哈尔滨工程大学
【学位级别】：硕士
【学位授予年份】：2010
【分类号】：D922.294;D923.6;F426.474
本文编号：2442906
[Abstract]:Shipbuilding enterprise plays an important role in the development of national economy. Shipbuilding contract, which is closely related to shipbuilding enterprise, can protect ship enterprise. In order to reduce disputes caused by ship construction, the particularity of shipbuilding contract should be analyzed systematically. But China's Maritime Law does not make special provisions on shipbuilding contract, so the shipbuilding contract of our country is mainly applicable to contract Law. From the theoretical analysis of the nature of shipbuilding contracts, more tend to be processing contract. Prior to the conclusion of the shipbuilding contract, the shipowner's qualification examination should be careful enough. In addition, ship enterprises should not issue a firm offer to multiple shipowners at the same time, and the validity period of the firm offer should not be too long. The risk can also be prevented through the analysis of the relevant documents and the important clauses in the shipbuilding contract formed in the process of contract negotiation. In view of the risk prevention in the process of carrying out the shipbuilding contract, the ship enterprise can prevent the risk of breach of contract through the relevant guarantee issued by the bank or by adding the force majeure clause in the contract. By stipulating in the terms of the contract the extent to which the detailed shipbuilding contract may be modified, or by stating in the supplementary agreement that the corresponding clause in the original shipbuilding contract becomes invalid when the supplementary agreement becomes effective or that the validity of the supplementary agreement takes precedence over the original shipbuilding contract, In order to prevent the risk of shipyard contract change; The exchange rate risk sharing clause is added to the shipbuilding contract to prevent the exchange rate risk.
【学位授予单位】：哈尔滨工程大学
【学位级别】：硕士
【学位授予年份】：2010
【分类号】：D922.294;D923.6;F426.474
【引证文献】
相关硕士学位论文 前2条
1 魏来;BIMCO标准新造船合同法律问题研究[D];哈尔滨工程大学;2012年
2 任楚蓉;船舶建造融资的法律问题研究[D];浙江大学;2012年
，本文编号：2442906
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