Study On The Legal Issues Of Protection Of Lessor’s Interests In Shipping Financing Lease

The financial lease arises in the1950s, it spreads all over the world rapidly, and becomes one of the three biggest channels of social capital supply in developed countries. Shipping industry is a capital-intensive industry, and shipping financing lease, as one form of the financial lease, becomes an important means of financing in the shipping industry with its unique advantages of financing and melting, and eases the financing difficulties of the shipping industry effectively. But in the shipping financing lease transactions, the lessor bears enormous risk because of the particularity of the shipping financing lease and the relatively weakening of the lessor’s ownership. It is of great importance for the lessor who involved in shipping financing lease transactions to focus on how to guard against the risk of the shipping financing lease and ensure the realization of the benefits of their own debt. The essay, based on the introduction of the risk of a lessor under the shipping financing lease, probes the protection of the interests of the lessor in both the lessor’s rights and the specific measures of risk prevention, and tries to protect the interests of the lessor by perfecting the shipping financing lease in Chinese legal system.This essay consists of three parts:the introduction, the main body and the conclusion. And there are five chapters in the body part.The first chapter gives a general overview to shipping financing lease. It discourses the overview from four aspects:the concept, the characteristics, the contract and the parties. By the introduction of the concept and the characteristics of financial lease enduce the concept of shipping financial leasing and its particularities, then gives a brief description to contract and the parties in the ship financial leasing.The second chapter describes the risk of the lessor under the shipping financing lease. The lessor may face two aspects of risk, including general risks and special risks. General risks contain credit risk, market risk, operational risk, the risk of natural disasters and political risk. Special risks contain the risk of maritime lien, the risk of ship lien, the risk of oil pollution damage from ships and the risk of forced salvage and wreck removal. The third chapter deals with the lessor’s rights in the shipping financing lease. This chapter analyses the rights deriving from lessor in the legal and contractual, including the lessor’s ownership of a ship, the right of the lessor to collect hire, the indemnity right of the lessor, the right of the lessor to require lessee to manage ship and other rights.The fourth chapter presents the protective measures of lessor’s interests in the shipping financing lease. This chapter introduces the registration, guarantee, and the insurance in the shipping financing lease, and analyses their functions in protecting the rights of the lessor.The fifth chapter is about the protection of lessor’s interests in Chinese shipping financing lease. Taking the current situation of the Chinese shipping financing lease legal system into consideration, this chapter analyses the current situation and problems of the protection to lessor’s interests under the present Chinese shipping financing lease system, and probes the improvement of legal system of the Chinese shipping financing lease from four aspects:legislation, taxing, supervision and policy.And build the system of self-protection.