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A ship allided with the trestle of an expressway, and the ownership of temporary facilities gave rise to disputes13

 [Case Brief] The ship "Guo Liang 298" was registered as the property jointly owned by the defendant Wuhu Haishun Shipping Co., Ltd. and Chen in proportion to their respective shares. In the evening of August 19, 2012, the ship allided with the trestle of the Feiyun River Bridge along the expressway parallel with the Ningbo-Taizhou-Wenzhou Expressway due to the failure of its steering gear and other factors, resulting in the losses incurred in the repairs and reconstruction of the trestle and other losses. The pier engineering was constructed by Road & Bridge International Co., Ltd. (hereinafter referred to as The Road & Bridge Company) on September 27, 2011, and the owner unit is Zhejiang Wenzhou Shenyang-Haikou Expressway Co., Ltd. (hereinafter referred to as Shenyang-Haikou Expressway). On February 23, 2012, China Communications Construction Co., Ltd. established its wholly-owned subsidiary China Communications Road & Bridge Construction Co., Ltd. (hereinafter referred to as China Communications Company) after merging the shares of its wholly-owned subsidiary ? the Road & Bridge Company. On August 23, 2012, the China Communications Company applied to our court for arresting the ship "Guo Liang 298". Then the China Communications Company brought a lawsuit against this case in accordance with the law and the detention state of the ship was continued. The total tonnage of the ship is 2651, and the limitation of its liability for maritime claims is 526217 special drawing rights by calculation, equivalent to 5035423.09 Yuan according to the exchange rate announced by IMF on August 20, 2012. Because the ship "Guo Liang 298" is engaged in the cargo transportation among ports in our country, thus the limitation of liability for maritime claims enjoyed by the shipowner is 2517711.55 Yuan. During the proceedings of this case, both parties voluntarily reached a settlement agreement, and the ship "Guo Liang 298" was put into operation again.
 [Typical Significance]
In terms of its form, the trestle involved in the case is immovable property, but it is different from such immovable property as bridges, property and other buildings and facilities, mainly in the absence of registration of their ownership status, as well as its temporariness. The trestle involved in the case is the temporary project of Feiyunjiang super large bridge, which is specially built for the smooth construction of Feiyunjiang super large bridge. As a temporary project, the trestle involved will complete its mission and be dismantled after the FeiyunJiang super large bridge is completed. In terms of function, the trestle has a certain degree of subsidiarity, existing only attached to the main project. In terms of the related party of the involved trestle, the Shenyang-Haikou Expressway and the Road & Bridge Company have established an assumed contractual relationship. What is different from the general assumed contract under which the raw materials provided by the hirer was that the trestle was constructed by the Road & Bridge Company. The Road & Bridge Company has experienced the process from scratch and its ownership production mode belongs to "original acquisition". In the case where the contract does not specifically stipulate the owner of the trestle in the construction, from the angle of fairness, the Shenyang-Haikou Expressway as the owner of the project and the hirer of the contractor shall enjoy ownership of the completed and delivered trestle. As the contractor of the project and the accepter of the contract, the Road & Bridge Company shall enjoy ownership of the trestle prior to its completion and delivery. Because Shenyang-Haikou Expressway enjoys ownership of the completed and delivered trestle and does not care about the loss of the trestle during the construction, thus Shenyang-Haikou Expressway did bring a lawsuit to the court after the accident occurred. As the owner of the trestle in the construction, the Road & Bridge Company shall be entitled to the litigant qualification in accordance with the law for the losses of the trestle caused by the allision of ship
Guo Liang 298 that belongs to the two defendants.

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