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The Study Of Registration Of Ship's Financial Leasing In China

Posted on:2012-04-17Degree:MasterType:Thesis
Country:ChinaCandidate:X LiFull Text:PDF
GTID:2166330335459423Subject:Maritime learn
Abstract/Summary:PDF Full Text Request
With the rapid development of shipping finance lease in China, the whole industry has positively advocated establishing specially legal system on shipping finance lease. The thesis places emphasis on studying shipping finance lease registration system. Through comparing shipping finance lease with bareboat charter, the author highlights the real rights of legal relationship in shipping finance lease and peculiar risk existing in ship's ownership and lessee finance lease rights. Furthermore, after indicating the defects in lack of protecting two sides in bareboat registration and drawing lessons from other countries'successful experience, the author puts forward suggestions for improvements from substantive and procedure law.Chapter One concentrates on rough statement. The chapter illustrates the definition of shipping finance lease, the development on shipping finance lease worldwide and homeland. Then it emphasizes on analyzing legal relationship on properties of shipping finance lease and introduces different theories. Being divided into features of real rights and related civil liabilities, it also expounds on features of shipping finance lease.Chapter Two recommends the risk prevention system. In this chapter,besides introducing various risks parties may come across, the author is focused on importance of registration to the whole risk prevention system, which lays a basis for discussing shortcomings lying in shipping finance lease registration pattern.Chapter Three and Chapter Four mainly illustrates weakness in current ship's registration system and shipping finance lease registration pattern. The former chapter tells shipping registration system in China, basically presenting inner problems. Since current shipping finance lease registration is also faced up with the same problems. The later shows clearly the weakness of current ship's finance lease registration pattern by comparison of shipping finance lease and demise charter.Chapter Five raises viewpoints for improvements on registration pattern which is consisted of substantive and procedure. The first part chiefly describes substantive opinions in terms of legislative pattern of shipping real rights. The second part proposes ideas of perfection in procedure law, such as arrangements of shipping registration contents.
Keywords/Search Tags:Ship's Financial Leasing, Bareboat Chartering, Ship's Registration
PDF Full Text Request
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