新造船 發注契約에 대한 考察

Abstract

This thesis deals with the regime governing for shipbuilding contracts in England, Korea and some countries. A contract for the building and purchase of a ship is usually a complicated and involves statement of rights, obligations and responsibilities which each party agrees vis-a vis the other. The ultimate purpose of the contract is the sale and transfer of the finished ship by the builder to the buyer. Shipbuilding contracts are based on the builder and the customer. Moreover, the law may make a further requirement such as consideration or cause. Contracts for the construction and sale of ships are categorized as contracts for the sale of goods under English, United States and some countries law. This analysis imports ordinary rules relating to sale, notably implied warranties of fitness. On the other hand, The shipbuilding contract may be classified, not as a contract of sale but as a contract for work and materials under Germany, Korea Japan and some countries law. This analysis imports ordinary rules of law, many of which are similar to those implied in the case of sale but some of which emphasize the means of production rather than the state of the finished article.First of all, this thesis deals with the making of the shipbuilding contract. Secondly, this thesis analyses the legal nature of the shipbuilding contract that both the validity and the legal classification of the contract differ according to which law governs the contract.Thirdly, this thesis reviews the passing of property, duties of the builder and remedies of the parties. Additionally, this one makes a comparison between shipbuilding contract as a contract of sale and shipbuilding contract as a contract for work and materials. In conclusion, this thesis gives some suggestions to the shipbuilding contracts in korean maritime law.