A Study On Issues Of Bareboat Leasehold

This paper is divided into four chapters.The first chapter is the introduction of the cases in the judicial practice,to elicit the dispute problems about Bareboat Leasehold. For example,who shall bear the legal consequence of activity of oiling and watering by crews in the period of Bareboat Charter and the liability of collision of ships in the period of Bareboat Charter.On the basis of finding these problems,the following text will discuss these dispute problems respectively,The second chapter is concerned with the definition of the character of Bareboat Leasehold.Bareboat Leasehold is a kind of general leasehold in the Civil Law.So if you want to define the character of Bareboat Leasehold,we should start with the character of leasehold.Then it introduces several theories about the character of leasehold,bring out the idea on these theories and define the character of leasehold in the present Law of our Country.As a kind of leasehold in the Civil Law,the object of Bareboat Leasehold is the ship,although it is personal estate,in every country it is treated as real-estate-to-be in the aspect of registration,etc.And Bareboat Charter is a special mode of ship lease.In the period of Bareboat Charter,ship is possessed utilized and profited by the Bareboat Charterer and ship owner only has the right of receiving the rent,has no control of ship and cannot know the activity of ship.Therefore,on the basis of analyzing of Bareboat Charter,this paper analyzes the character of Bareboat Leasehold,and discuss "the obligatory right theory"," the real right theory","the real right tendency theory",and then bring out the personal idea and the ascertainment of Bareboat Leasehold in the present Law in our country.The third chapter discusses related problems about the registration of Bareboat Leasehold.Regulations of The People's Republic of China Governing The Registration of Ships Clause 6 stipulates "The acquisition,transference or extinction of the Mortgage of Ships and Bareboat Leasehold shall be registered at the ship registration authorities; no acquisition,transference or extinction of the Mortgage of Ships and Bareboat Leasehold shall act against a third party unless registered." It stipulates the public method of Mortgage of Ships together with Bareboat Leasehold,the effect of no registration shall not act against a third party.There are several disputes about this clause in the theory and judicial practice.Firstly,this paper introduce the relative procedures of registration of Bareboat Leasehold,then analyzes whether the Bareboat Leasehold need registration and arrives at a conclusion.Secondly,evaluate the regulation of The People's Republic of China Governing The Registration of Ships. Finally,discuss the influence of the debut of new Property Law concerning the aspects of real right of ships.The last chapter of this paper is based on the theory analysis of the second and third part,analyzes and settles the dispute problems existing in the real cases.Firstly explain the understanding of "no acquisition,transference or extinction of the Mortgage of Ships and Bareboat Leasehold shall act against a third party unless registered." And discuss the scope of third party.Aimed at the actual problems in the cases,this paper brings out the personal ideas.At last,introduce a problem that whether the Bareboat Leasehold should be stipulated as a real right for usufruct of ship and establish the system of Real Right for Usufruct of Ship.