The Research On Issues Of The Right Of Bareboat Charter

As one kind of the legal rights, the right of Bareboat Charter, which exists in the Bareboat Charter transport activity, it is a possibility of the possession and using a ship for the bareboat charterer after signing the contract with the lessor. Accompanied by the emergence of the flag of convenience at first, it is established in German Law of the Flag Act1951with a long history, and has been developed rapidly just in recent decades. Compared with other rights of charter party, it has a certain degree of complexity and particularity, there are broad prospects for the development. However, in practice, the transaction exposure, which due to the imperfect of Bareboat Charter registration and related rights, and there is still no international convention on the right of Bareboat Charter in the world, all these are not conducive to the development of the Bareboat Charter industry and the unification of the international shipping industry. So a new legal issue has come out that how to define the right of Bareboat Charter and balance the various legal relationships against the other rights. It is also one of the essential issues of Maritime Law which needs revision.Combining legislations and cases in both the civil law system and common law system of different countries, we do a comprehensive research of the theory of the right of Bareboat Charter. This dissertation includes six parts. In Chapter One it is introduced the source of the right of Bareboat Charter. Firstly it defines the right of Bareboat Charter, then it discusses the source of right of facts and legal right. A comparative law studies show that the different situations between China and foreign countries nowadays, it analyzes the judgment standard of the contact of the Bareboat Charter and the legal relationship of Bareboat Charter. It is explained the essential elements of the right of Bareboat Charter in Chapter Two, as well as the subject, object and the content of right of Bareboat Charter. As the core of this research, the key point is pointing out the legal characteristic of the right of Bareboat Charter in Chapter Three. It is started with the means and nature of the right of property tenancy, while getting rid of the traditionally interpretation that considering leasing right as obligatory right and pointing out the nature of property rights. It is suggested that the right of Bareboat Charter should be considered as one of Usufructuary right of ships in Maritime Law and Usufructuary right of ships should be created. The fourth chapter discusses the Bareboat Charter registration system. Firstly it shows that the registration of the right of Bareboat Charter is very necessary and reasonable among the choices of the legislation of Chinese Maritime Law. Secondly it analyzes the generation and development of the right of Bareboat Charter registration and studies the legislation of foreign counties laterally, as well as the legislation of China vertically. Then the effectiveness, objects and nature of registration are investigated for a further step. At last this chapter involves the right of Bareboat Charter registration procedures, and tries to combine the theory with the practice, to solve the defects of the registration system from the macro and micro angle. In Chapter Five, it is the relationship theory. It is discussed the relationship with the ownership of ships and the priority principle of the right of Bareboat Charter as one of Usufructuary Right of Ships at first. In an analysis of the right of Ship Financing Lease, which is close to the right of Bareboat Charter, it indicated that Ship Financing Lease can not be completely identical to Bareboat Charter, though it is also one of Usufructuary Rights of Ships. A separate relevant supporting systems should be set up to solve the problem—the right of Ship Financing Lease registration is on the basis of the right of Bareboat Charter, so that it is no longer entirely according to provisions of the right of Bareboat Charter. The Chapter Six is a summary which point out the main point and flaws of this study.The purpose of this research is the right of Bareboat Charter can be improved and developed by the in-depth analysis of its related theories and practical procedures.