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Research On The Legal Issues Of Preventing Bank’s Risks On Ship-fiancing

Posted on:2014-06-09Degree:MasterType:Thesis
Country:ChinaCandidate:X M FengFull Text:PDF
GTID:2256330425966062Subject:Economic Law
Abstract/Summary:PDF Full Text Request
In recent years, with the rapid rise of China’s shipping industry and the industry ofshipping transportation, China has ranked one of three biggest shipbuilders. Ships arecapital-intensive products, of which the construction and purchase require much money. Andonly a small amount of money is provided by the shipping companies themselves for theconstruction and purchase of ships, so a large of money depends on external financing, whichis reveived with the help of the main financier of ships, the bank. Since ship financing hashigh investment, high technical requirements, a high risk, a long cycle of the investment andthe characteristics of the internationalization, the banks are confronted by many risks in shipfinancing. In order to improve the efficiency of the bank financing, it is necessary torecognize the risks in the ship financing so as to take effective measures to avoid these risks.This paper emphasizes on the systematic analysis of the risks of banks in two kinds ofship financing, which are the mortgage of the ship and the ship financing and leasing. Then itputs forward some suggestions of avoding the risks. After the explanatory of the basic theoryof ship financing, the thesis makes a comparative analysis of two ways of ship financing.Then it summarizes the general risk and legal risks in ship financing. At the same time, in theship financing and leasing, the different risks caused by different roles of banks in the salescontract and the lease contract of ship financing is explained. Finally, according to theadvanced experience and the related laws in America and English, the author combines theISM CODE, the1924convention, the1968convention and “the international convention onmaritime liens and mortgages” in1992, in order to find out the measures of avoiding the risksand the suggestions of making the free convention of the parties full improved in terms of thelegislative level.
Keywords/Search Tags:Ship financing, bank, Risk prevention, mortgage of ship, Ship financing andleasing
PDF Full Text Request
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