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15 Years Of Ship Financing Lease In China Maritime Trial Study Condition

Posted on:2013-02-08Degree:MasterType:Thesis
Country:ChinaCandidate:W W TangFull Text:PDF
GTID:2246330395950989Subject:Law
Abstract/Summary:PDF Full Text Request
On17th August,2006, the State Council executive meeting examined and adopted the" Ship Industry And Long-term Development Plan", marking the arrival of an important development period of China’s shipbuilding industry. Since then, periodic fleet update, research and development of new high-tech ships, marine engineering equipment and some auxiliary equipment require huge amounts of money, which is the actual demands and motivation to solve the shortage of funds by ship financial leasing.China’s ship financial leasing law is scattered and disputes involving financial innovation and charter business occur in ship financial leasing cases, which make the application of the law more difficult. From an empirical perspective, this article researches over the past15years of China’s ship financial leasing disputes and strives to simplify the numerous problems involved in the process of ship financial leasing as the most prominent legal issues which will be discussed one by one. The full text is divided into five chapters.The first chapter introduces the basic theory of ship financial leasing, to pave the way for the practice problems at a later stage. It mainly includes the Including the definitions, patterns, characteristics of the financial leasing and ship financial leasing,as well as legislative status quo of the China’s ship financial leasing business.The second chapter introduces ship financial leasing disputes heard by courts since1998. Through detailed data statistics and charts of consolidation, combined with the relevant principle and law, the article tries to show detailed picture of the ship finance lease transaction disputes.The third chapter discusses the most prominent risk which is the default by the lessee in the trial of the ship financial leasing disputes. The article focus on the types and causes of default by the lessee, and the preventive measures could be taken by the lessor.The fourth chapter discusses the security issues in the ship financial leasing disputes. It firstly introduces several types of security in ship financial leasing business, then gives a reference to the methods of bearing guarantee liability as well as the exclusion of the guarantor’s liability. The fifth chapter introduces the ownership and registration of ships in the ship financial leasing business by using the case of unauthorized disposition of ships by the lessee. Combined with the current theory research and practice achievement, the article putts forward to perfect the ship financial leasing registration system.
Keywords/Search Tags:Ship financial leasing, disputes, risk, security, ownership
PDF Full Text Request
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