A is building a ship for B. There is a written contract, it is however not registered and neither is the contractual object. When the construction is 97% completed A, which have struggled to handle his incoming claims declare bankruptcy.
The question is whether B has perfection for his right in the newbuilding, in relation to the yard’s creditors, and thereby a separatist right in the contractual object.
This question was the core of the Bomek-case , and is also the problem addressed in this thesis. However in order to answer it, one must first question whether the perfection rules for chattels may be applied, when the option to register the contract/contractual object according to MC § 31 have not been used. Secondly, one must question whether there is an exemption for manufacturing contracts from the requirement of handover to obtain perfection regarding chattels. In order to illustrate the importance of the problem, I will also discuss the particular features of bankruptcy protection in large manufacturing contracts, (NF 05 and NSF 2000) and the perfection rules in relation to creditor extinction if the contract is registered.