Property Research, Involved In Ship Finance Leases

Although financial leasing has only a history of over 50 years, it was soon recognized by many states for its unique advantages. At end of the 1950s and the beginning of the 1960s, the operation of financial leasing was first expanded from America to Canada, Western Europe, and Japan. Then in the 1970s, it began to emerge in the countries and regions of East Asia. Later, it was introduced into China as a form of foreign capital in the early 1980s. And from 1990s it has been applied in the newly emerged market economy countries in Eastern Europe. At present, the operation of financial leasing has covered almost every corner of the world. The financial leasing trade includes an extensive range of assets, and has an ever increasing number of transaction types. The emergence of ship's financial leasing, which is a form of financial leasing applied in ship's financing, has promoted the development of the world's shipping industry and shipbuilding industry.This paper focuses on the right in rem of the ship's financial leasing and the whole paper falls into four chapters:1. First chapter is "Brief Introduction of ship's Financial Leasing", in which I have introduced the concept and category. Compared ship's Financial leasing with ship's hire purchase, then I find characteristics of ship's financial leasing. And I analyze the nature of financial leasing and conclude that it is the new form of trade, which provides the theory base for topic.2. Second part is "right in rem in ship's financial leasing and Relevant Analysis". I analyze the legal nature of ship's financial leasing right, it should be regard as the asusufructuary right and the ownership of the lessor is different from the traditional one., which is restricted by the right of the ship's financial. At the same time, I also analyze the questions about the ownership of ship at the end of the ship's financial leasing and the ownership of the ship under construction.3. The registration system of ship's financial leasing is touched to extent in the third chapter. In this part, I analyze alteration of the right in rem and registration of ship's financial leasing, and put forward to several suggestions to set up the registration system of ship's financial leasing.4. Fourth part I analyze the real rights for security included maritime lien, possessory lien on ship and ship mortgage affect the ownership of lessor.