Διαδικασία αγοροπωλησίας πλοίων : στάδια αγοραπωλησίας & ανάλυση των όρων του Memorandum of Agreement – κριτήρια αγοράς μεταχειρισμένων πλοίων σε σχέση με την ναυτιλιακή αγορά
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Keywords
Πλοία ; Αγορά μεταχειρισμένων πλοίων ; Συμβάσεις ; Αγγλικό δίκαιοAbstract
The purpose of this thesis is the detailed description of the second hand vessels sale and purchase processes, either tankers or bulk carriers starting from the law under which a sale and purchase functions, to the final step of the sale and purchase process and the transfer of the legal title of the vessel and its delivery.
The first chapter presents the basic principles of the English Law in relation to the sale of a vessel and generally the sale of an object. Under English law the sale of goods is based on the Sale of Goods Act 1979 as well as the law which is known as Misrepresentation Act 1967.
The second chapter presents the previous step, a step before a sale and purchase contract is drafted, starting from the business Criteria initiating from the choice of the right ship, the stage of negotiations till the final draft and bided contract which contains all the agreed terms based on the recap that has been previously agreed.
The third chapter presents and analyzes all the terms of the Vessels’ Sales and purchase contract known as Norwegian sale form, Memorandum of Agreement (ΜOΑ). A contract which is widely used in the vessels’ sale and purchase process. It consists of pre-made terms that describe the sale or purchase process and govern the relation of the Buyer and the Seller. It also refers to problems arising in relation to the appliance of the above mentioned law.
The forth chapter presents the final stage of the vessel starting from the signing of the contract from the parties involved , the appliance of the Addendum terms in relation to the exchange of legal documentation regarding the legality of the sale , the legalization of the Sellers and Buyers companies till the physical and legal delivery of the vessel to her new owner , a peculiar agreement that could be easily break even in the final stage resulting to major consequences for both parties involved. The transfer of the title of the vessel the new owner demands a registration procedure under the new owner’s desired flag .
The last chapter presents the conclusions of the thesis.