Study On Risk Prevention Of The Lessor Under The Ship Financial Leasing

Ship financial leasing is an important way to achieve ship financing, as well a bridge which connects financial institutions with shipping companies. It provides a sound investment channel for financial institutions; on the other hand, provides the shipping companies a high-quality and low-cost ship. However, in reality, the lessor under financial leasing often faces many risks, which are disadvantageous for financial institutions to enter the ship financial leasing industry. This paper, based on the existing legal framework, for the purpose of protecting the lessor's rights, analyzes the risks the lessor faces and appoints their corresponding preventive measures in order to benefit the financial institutions to enter the field of ship financial leasing and achieve a win-win situation between financial institutions and shipping companies. This paper is divided into four chapters, focusing on the lessor's risks and the risk prevention under the ship financial leasing.The first chapter is the overview related to ship financial leasing. Mainly, I introduce the history and the current situation of the financial leasing in China, analyze the basic and virtual characteristics of financial leasing through the contrast the definition under different law and regulation, at last, from general to particular, analyze the definition, advantages and particularity of the ship financial leasing. The second, third and fourth chapter is the core of this paper.The second chapter mainly analyzes the several special legal risks faced by the lessor as the ship-owner under ship financial leasing, meanwhile points the prevention measures of such risks.The third chapter chiefly analyzes the importance of keeping ship away from damage for the lessor, and introduces several prevention measures to reduce the risks, such as the insurance.The fourth chapter mainly aims at reducing the credit risk from the lessee in order to create a better credit environment for the ship financial leasing. The prevention measures include the agreed remedies in the contract, agreed condition related to the effect of the contract, guarantee, leasing factoring and so on.Finally, it is the conclusion of the paper, summarizing the prevention measures adopted in this paper in order to achieve the aim to reduce the risks of the lessor under the ship financial leasing.