在建船舶在船厂破产财产中的法律地位

Abstract

In 2008-2009, the global shipbuilding industry was booming. However, the global shipbuilding industry has suffered from financial problems as orders has decreased due to the global financial crisis in 2009. As a result, Chinese shipyards constantly went into bankruptcy from the year of 2009. Going bankruptcy of shipyard, the dispute between stockholders over the debt continue. The contract with a shipyard that has already been signed is the biggest problems in the disputes. This is because both the assignee in bankruptcy and the owner of ship want to maximize their won interests as taking a series of measures to secure the rights for the own benefit. For example, ship ownership will change according to the nature of the ship contract, and when ship ownership changes, the right holder to dispose of the ship will change. In addition, the distribution of asset in bankruptcy may vary depending on the person who holds a right. Therefore, if the shipyard goes bankrupt, the reasonable interest of the creditor are guaranteed according to the contents of the ship contract. For the bankruptcy procedure of a shipyard where is not require technical knowledge, on the other hand, the admiralty court has the jurisdiction generally in accordance to the bankruptcy law of China. After the bankruptcy is declared, a lawsuit must be filed with the court for the preservation of property, repossession of the ship, auction, etc. In this case, the distribution of the property stemmed from the preservation of property, repossession of the vessel, auction will vary depending on how to interpret the ownership of the ship under construction. This is the same in the arbitration which is one of the dispute settlement methods. Based on it, the study examines the legal status issues of ships under construction due to the bankruptcy of shipyards under the Bankruptcy Law of China. In general, the shipbuilding contracts, which are entangled with various countries and stakeholders, are more likely to cause complex issues such as designation of competent court, ship insurance. Thus, the study reviews the legal concept of a ship under construction in the case of bankruptcy of a shipyard firstly, and from the point of view both in basic theory and in practice analyzes the legal status under Maritime Law of China, Contract Law of China, and Insurance law of China.