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The Study On Legal Issues Of Ship's Financial Leasing

Posted on:2010-02-07Degree:MasterType:Thesis
Country:ChinaCandidate:F C WangFull Text:PDF
GTID:2166360275453890Subject:International Law
Abstract/Summary:PDF Full Text Request
Finance leasing industry in China has won some achievements,however,finance leasing applied to ship is still in fancy in China.Chinese Maritime Code has no explicit contents on ship's financial leasing.Chinese Contract Law,"Chapterâ…©â…£"financial leasing contract" can't fully satisfy the requirements of the development of financial leasing industry and other related laws and regulations have not give it effective support and even certain legal issues arising in the transaction can't be solved satisfactorily by the existing laws and regulations.This unsatisfied current situation neither makes corresponding legal problem easy to resolve, nor provides adequate and effective legal protection for its development.Therefore,it is necessary to make in-depth study on it.Then on this basis legislators must amend related laws and regulations and formulate financial leasing code in order to effectively solve the legal problems that exist in practice and to promote healthy and orderly development of ship's financial leasing industry.The financial leasing is a complicated legal issue and the involvement of the ship makes legal issues on ship's financial leasing more complicated,which is an important reason why some related legal issues has no definite conclusion.This article first summarizes the basic theory on ship's financial leasing,such as both historical background and current situation of it;the legal characteristics of it;the main ways of ship's leasing and so on.The second chapter introduces the registration system for ship's financial leasing. There exit no clear legal codes on it in China.This article makes its views on the registration system for ship's financial leasing on the basis of that for bareboat charter,which include the legal nature on the right of ship's financial leasing;the legal effect on the registration of ship's financial leasing;the main issues the registration of ship's financial leasing facing and the views on it.The third chapter introduces related contents about the arrest and auction of finance leasing ship.First,the article states on the main views on the arrest of the financial leasing ship,and then shows the author's view.Secondly,it states the author's views on related issues of the auction. Chapterâ…£is regarding security issues of ship finance leasing.It shows that the existing ways of security are difficult to meet the development of ship's financial leasing by the relevant laws and regulations,.And therefore legislators should add ways of independent guarantee,then set out the rights of the guarantor in the transaction of ship's finance leasing.Further to it,the article shows the author's insights and ideas on certain security issues of Ship finance leases.Chapterâ…¤introduces the risks in the transaction of ship's financial leasing as well as protection measures.There exit the main risks in the process such as political risks, financial risks,tax risks,credit risks and so on.Then the article states the author's views on related protection measures.Finally,on the basis of above mentioned contents it shows the author's views and suggestions on the legislation of ship's financial leasing.
Keywords/Search Tags:Ship's Financial Leasing, Registration, Arrest, Risks
PDF Full Text Request
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