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A Preliminary Study On The Legal Issues Of International Finance Leasing For Aircraft

Posted on:2015-11-24Degree:MasterType:Thesis
Country:ChinaCandidate:L Y FanFull Text:PDF
GTID:2176330422473074Subject:International economic law
Abstract/Summary:PDF Full Text Request
Nowadays, the world aviation industry booming, the international exchanges are increasinglyfrequent, plus the time urgently, the plane travel fast and convenient, and so on, which makespeople choose to by plane when they are going to have a long journey. Travelling by plane isbecoming indispensable to people, and also will be a way of people life. Therefore, requiresairlines to increase transport capacity, and the stress of purchasing the plane arises at the historicmoment. But to buy a plane means a big investment and slow return for the airlines. There is nodoubt, the airlines will under a great funds pressure when they buy a plane. Aircraft financeleasing is a kind of "asset backed financing transaction form, can effectively alleviate the fundstight pressure of the lessee (airlines), helping airlines get aircrafts, enlarging the capacity and scale,promoting the development of the aviation industry. As the development of aircraft finance leasing,multinational aircraft leasing has be applied by the countries all over the world, China’s airlineshave also mainly buy aircraft rely on finance leasing, therefore, the legal protection mechanism incross-border transactions should be pay more and more attention by all countries of the world.Under the efforts of the International Institute for the Unification of Private Law (UNIDROIT),introduced the Convention on International Civil Aviation (the Geneva conventions), the CapeTown convention system maintenance protection problems in cross-border financing leasetransactions. China also has joined in these two conventions. So, this paper aims to analysis on itslegal protection mechanism of the two conventions briefly and the protection of aircraft leasingtrade relief system in our country, and put forward some suggestions to perfect our registrationsystem in the field of aircraft finance lease transactions and retrieve the protection mechanism ofthe owner’s aircraft.This article is divided into four parts, the first part, briefly describes the concept andbackground of aircraft finance lease; Aircraft finance lease in the international and domesticpresent situation and prospect, to show why the aircraft finance leasing is applied world widely.Cross-border financing lease is the second part, the plane of legal theory, focuses on thecharacteristics of the aircraft cross-border financing leasing and the basic process (cross-borderfinancing leasing of civil aircraft in China as an example), show the financing lease of a basicoperation process, including risk faced by the parties in the process of aircraft finance leasing, andthe three parties sign the contracts and owe any obligations to the parties. In the third part, thepaper briefly describes two well-known international conventions, which are the Genevaconvention and the Cape Town convention. The Cape Town convention makes an innovation of the main legal system to aircraft finance leasing. The convention countries of aircraft financeleasing will enjoy the interests, which the conventions bring. The third part also mainly introducedthe "international registration system" and "international interests""self-help system""declarationsystem" and so on. The fourth part, it is in this paper briefly describes the aircraft under thepremise of legal protection system in our country, and in comparison with the internationalconvention for the protection of the third part, it is concluded that China should perfect the legalprotection system of aircraft finance leasing, to perfect the lessor protection relief system when thelessee goes into bankrupt, perfect domestic aircraft registration system, etc.; Match with the CapeTown convention system, making the system in our country has detailed legal provisions when itis performed, making domestic and international aircraft finance lease trader can enjoy thebenefits of the convention system.
Keywords/Search Tags:Cape Town convention system, aircraft finance leasing, international registration, Declaration system, system of aircraft to retrieve
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