中古船舶賣買契約에 관한 英國과 韓國의 比較法的 考察

Abstract

This thesis describes the legal principles and case law decisions which are relevant to the contracts of sale and purchase of second-hand ships in the English Law and Korean Law in comparison. The subject of this thesis deals with these legal issues, as they arise in the legal regime of U.K and Korea, especially examining in particular the status of rights and obligations of the parties to sale contracts, as governed of by the provisions of the Sale of Goods the Act 1979 under English Law, and as governed of by the provisions of Sale in Korean Civil Code. To begin with, the writer deals with the making of the contract, and when a binding contract is binding. Also the terms of the contract such as conditions, warranties, implied terms and exemption clauses. As effects, the writer examines to the passing of property and duties of the parties. Finally, the writer deals with the remedies of the parties, such as where the buyer defaults in his principal obligation to pay the price. under English Law and Korean Law comparisons. In conclusion, the writer makes suggestion to Korean Shipbrokers' Association's Memorandum of Agreement for sale and purchase of ships for the ship sale and purchase, and the terms of sale of ship in the Korean Civil Code and Commercial Code. Additionally, suggestions on proposing a special law in relation to sale of ship will be offered.