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关于船舶建造合同的法律性质,英美法系国家多认定为买卖合同,大陆法系国家多认定为承揽合同,我国理论界和实务界亦未形成一致的观点。鉴于为船舶建造合同定性具有实践意义,笔者从船舶建造合同的合同目的、船东对船舶建造过程的介入程度以及造船厂对所建船舶的人身属性等多个角度,将船舶建造合同的法律性质界定为承揽合同。
As for the legal nature of the shipbuilding contract, most countries in the common law system of the United States and the United States are recognized as the contract of sale. Many countries in the civil law system are recognized as contract contracts, and no consensus has been reached between the theoretical and practical circles in our country. In view of the practical significance for the characterization of shipbuilding contract, from the perspectives of the contractual purpose of shipbuilding contract, the involvement of shipowners in the shipbuilding process and the shipyard’s personal attributes on the built ship, the author analyzes the legal nature of the shipbuilding contract Defined as a contract contract.