• Title/Summary/Keyword: 중고선박매매양식

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The Study on the Sale Form Selection in the Sale and Purchase of Second Hand Ships (중고선박 매매계약의 선택기준에 대한 연구)

  • Cho, Jae-Kee;Kim, Junseung;Park, Keun-Sik
    • Journal of Korea Port Economic Association
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    • v.36 no.1
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    • pp.59-76
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    • 2020
  • The purpose of this study is to analyze the factors of the main selection criteria of the contract form used to conclude the sales contracts of used ships and to assist parties in selecting the most suitable contract form for trading situations. The methods of the study are based on identifying the factors from the questionnaires using analytic hierarchy process analysis, following the selection of typical details through interviews with the S&P Broker Group and finding the solutions that match each detail. The analysis shows that ship traders prefer the Norwegian Sales Form (NSF) to NIPPONSALE for various reasons. Considering the sellers' situations, NFS is the more reasonable option for major countries, except Japan. NIPPONSALE is relatively more focused on the advantages of the buyer's conditions, including for Japan. It is important to select the appropriate clauses from these types of contract, according to the trading conditions, including the main and additional terms, in order to create a mutual agreement between the shipper and the consignee that leads to more cooperation and balances the purposes of both parties in adjusting the time for securing and disposing of the vessels.

A Study on the Enactment Proposal of the Ship sale & Purchase in Maritime Law (해사법상 선박매매에 관한 입법적 고찰)

  • Jeong, Seon-Cheol
    • Proceedings of the Korean Institute of Navigation and Port Research Conference
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    • 2007.12a
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    • pp.51-55
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    • 2007
  • This thesis deals with the legal principles, case law decisions and suggestions for the Sale & Purchase of ships concerning enactment proposal of maritime law. Recently, the shipbuilding market has shown a major shift towards East Asia, particularly Korea, Japan and China. The major Korean shipyards in particular have engaged in substantial investment programmes both to expand their overall shipbuilding capacity and to enter new markets, such as for liquefied natural gas(LNG) carriers. The Korean Government has recently taken interest in the sale & purchase of used ships, utilizing the Internet and has made plans for building the Shipping Exchange in korea. So this thesis examines the situation of the world's shipping industry and the different kinds of the Sale & Purchase of ships. deals with the legal principles, and case law decisions. describes Forms of Shipbuilding Contracts and Memorandums of Agreement of second-hand ships. And makes suggestions for 1) the Shipbuilding Contracts of the shipowner's Association of Korea and 2) The Korean Shipbrokers' Association's Memorandum of Agreement for Ship Sale & Purchase in the korean shipping industry. Having reached the end of this thesis. the writer suggests to make terms of sale of ships in the korean civil code and commercial code, Additionally. the writer suggests to make a special law in relation to the Sale & Purchase of ships. Furthermore, the writer suggests expanding the Shipping Exchange in Korea.

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