Study On Right And Duty Of Lessor In Ship Financial Leasing

Financial leasing is a novel type of transaction with double functions of financing leasing in modern market economy. The method is widely used to acquire the right to use the equipment by most of developed countries and a few of developing countries. Particularly the newly industrialized countries have begun to develop policies to foster and standardize the leasing side of the shipping market development, and have played a positive role in promoting this. Such as Japan and South Korea, have promulgated a series of laws and policies. However, because of the relatively shorter history of the financial leasing and no full knowledge of the nature of this transaction, though "financial leasing contract" has been listed in the chapter in the Contract Law of PRC, the legislation on the protection of the lessor's rights in financial leasing is not enough. Besides, the research on and probes into the protection of the lessor's rights are not full, either. Therefore, rights of the lessor are easily infringed, disputely often occur on ship financial leasing business.Being a form of financial, ship's financial leasing involving three parties: lessor, lessee and seller. Lessor as ships'buyer, according to lessee's choice and request, signs goods supply agreement with seller, namely ships contract of sales or ships construction contract. The lessor possesses the ownership, and rents to the lessee to use, the income, oneself gathers the rent. So the lessor who has different status, bears more risks than the other parties. Therefore, based on studying on right and duty of lessor in ship financial leasing, according to the related juridical principles on maritime law, contract law and bankruptcy law etc. and compared with UCC and Unidroit Convention on International Financial Leasing, this tbesis attempts to analyse the rights and risks untaken by the lessor who has different status, in order to contribute to the work of legislation of financial leasing in our country.The thesis is composed of four chapters. Chapter one through introducting various countries to financial lease's definition, limits financial lease and ship financial leasing's concept , and distinguishes ship financial leasing from bareboat charter party and bareboat charter party containing lease-purchase clause. Chapter two describing the owner of the ship lessor who enjoyed the general rights, and focuses on a nalyzing the lessor enjoy ownership of ships and the lessor's rights under the ship financial leasing contract. Chapter three is the focus of this paper.That analyses the risks untaken by the lessor of the two ship finance leasing contracts, such as Maritime Liens, Possessory Liens, and Civil Liability for Oil Pollution Damage. Chapter four accordancing with the rights of the lessor and the responsibility and risk lessor faced, the author gives some legal advice about ship financial lease and maritime law.