On the Ownership of Ships under Construction in Chinese Law

Abstract

In the face of increasingly complex legal issues, the Chinese shipbuilding industry still requires robust legal and policy support to
strengthen its core competitiveness. Presently, the provisions concerning the ownership of vessels under construction and related matters in
China’s Maritime Law are ambiguous, leading to varying claims regarding the legal nature of shipbuilding contracts and inconsistent conclu_x005fsions in judicial practice. This article suggests employing the principle of autonomy of the will as a guiding framework, acknowledging the
intricacy of shipbuilding contracts and the distinct nature of vessels under construction. By doing so, it aims to uncover the genuine intentions
of the parties involved in shipbuilding contracts and ascertain the ownership of vessels under construction. This clarification would not only
be beneficial for the involved parties, but also help advance China’s policy objective of becoming a “marine power”.