Repair the arrears, ship enterprise available legal rights
Shipping and shipbuilding market in the doldrums for many a chance to have a break in the ship, many owners will have the ships part to berepaired or to be converted into a ship repair plant. It is to see this opportunity, our domestic enterprises have a lot of ship "made the turn to fix", joined the ranks of repair. However, the shipping market slump alsoleads to the deterioration of many owners financial condition, interested in arrears repair section or maliciously refused to pay for repairing the rise ofparagraph of signs. In this regard, the legal experts said that to preventthe owner owed repair section, it is necessary to ship enterprises tounderstand and master the relevant laws and regulations, and pay special attention to the legal problems of limitation of action and guarantee the legitimate rights provisions..
The limitation of action is worth ship enterprises pay attention
In addition to the attention of the relevant limitation, in litigation limitation,shipping enterprises should also through active remedial measures, such as threats letter or lawyer letter to ship the East, through the legal power of Dunning collection, speed the resolution of the problem. The expert expresses, this is very necessary, shipbuilding enterprises passively waiting for legal aid, the effect may be very obvious; while positiveDunning collection, can add weight to dominate in the litigation activities in the future. For repair is beyond the limitation of action of arrears, ship enterprise is not cannot be retrieved? Industry experts said that the claim back hope indeed relatively slim, but not at the end of ones wits. On the one hand, enterprises should focus on ship time, organizational strength,and actively to the other recourse; on the other hand, the owners unable to repay the debt situation, through signed repayment agreement withthe other, or to the other party issued a deadline for payment and to demand answers correspondence, in order to restore the right to requestto the other party to demand repayment of the.
Ship repair contract should guarantee clause
How to set the guarantee clause in the contract? The expert expresses,ship mortgage and lien of ship as the main way of guarantee repaircontract, not only in the set are different, there are differentcharacteristics in the specific implementation. Chinas "maritime law" and"guarantee law" stipulate, mortgage of a ship shall conclude a written contract, but the contract can be concluded separately, also can be in a contract to guarantee clause form ship repair; the concrete contentshould include the ship mortgage as the name, type, tonnage, rangequality, berth, all or the use of ownership and mortgage guarantee. The mortgage right enters into force, without the consent of the mortgagee,mortgagor mortgaged ship shall not be transferred to others. Different from the way of security, the emergence of possessory lien on ship repairgenerally only the terms of the contract form, including ship repair fees and interest, liquidated damages, damages and the indwelling custodial fees etc.. Experts suggest, because the possessory lien on vessel during exercise compared with the mortgage of the ship is more simple andeffective, can be set up in ship enterprise specific repair contract processthe way of security, in order to reduce the possible future trouble.