英國法上 中古船舶 賣買契約에 관한 考察

Study on the Contract of ship sale and purchase under English law

This thesis deals with the legal regime governing the transfer of ships in England. Its scope is limited to agreements to buy and sell ships and that it is not intended to set out a comprehensive treatment of the law of contract generally. Maritime law of English is related with a long maritime tradition and has been playing a significant role in the world's shipping industry. The merchant ship sale and purchase world always holds a fascination for people with no relation to the shipping industry, as well as for those involved in the maritime transactions. It is commonly accepted that the ship sale and purchase constitutes one of the most important maritime transactions since it regards transfer of particularly valuable pieces of property, involving great expenditure and significant risk for the parties. First, In Part Ⅰ, the writer introduces to the contract of ship sale and purchase under English law. It is the subject of this thesis to deal with these legal issues, as they arise in the legal regime of England. 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 Act 1979. Secondly, In Part Ⅱ, the writer contemplates to the making of the contract, when is there a binding contract ? And deals with to the terms of the contract which there are conditions, warranties, implied terms and exemption clauses under English Law. Thirdly, In Part Ⅲ, the writer examines to the passing of property and duties of the parties. It is extremely important to determine the time of passing of the property in the ship, as this usually plays a significant role in deciding when the risk passes from the seller to the buyer. And the seller has a duty to deliver the ship in accordance with the terms of the contract. As to whether the time of delivery of the ship is deemed to be of the essence of the contract. And it is the duty of the buyer to accept the ship and pay the price in exchange for the delivery of the ship by the seller. Finally, In Part Ⅳ, the writer deals with the remedies of the parties. Where the buyer defaults in his principal obligation to pay the price, the seller has, ⅰ)lien and stoppage in transit, ⅱ) right of resale, ⅲ) a personal action upon the sale for breach of contract by buyer. And the remedies of the buyer has ⅰ) action for damages for non-delivery, ⅱ) action for recovery of the purchase price, ⅲ) application for specific performance. Having reached the end of this thesis, the writer tries to summarize and suggests to the ship sale and purchase in the korean's shipping industry.