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Study On Rights Protection Of The Lessee In Ship Financial Leasing

Posted on:2015-02-07Degree:MasterType:Thesis
Country:ChinaCandidate:J D WangFull Text:PDF
GTID:2266330428482069Subject:Law
Abstract/Summary:PDF Full Text Request
Financial leasing originates in the United States. In China, it began in the1980s. And in recent years, it has obtained the considerable development. Shipping industry is a technology and capital intensive industry, and its highly periodic volatility characteristics determine that the development of it needs the support of financial capital. Financial leasing is a method for financing, combining capital and equipment with short time, low cost, and specific program. Nowadays, it has become the second way for ship financing next to Lending.In the ship financial leasing, the lessee is the party that needs financing. So to say, the lessee is basic motive force of the ship financial leasing market. Nevertheless, in the ship financial leasing, we always pay more attention to the lessor and neglect to protect the rights of the lessee. And the ultimate purpose of the lessees is to get the right of possession in a long period by the lease financing to meet the needs of their own business. Therefore, for the lessor, the lessee is not an absolute strength party. The lessees pay the high rent which is worth more than the leased object itself, and take both more debt pressure and all kinds of risks. In practice, although the main reason for financing lease disputes is about the malicious rent in arrears of the lessee, the protect effect of the lessor appears gradually with the development of financial leasing industry. The phenomenon of malicious rent arrears will be less and less, and paying attention to set the power balance of lessee and the lessor would be even more important.This thesis is divided into four parts: the summary of ship financial leasing; the analysis of the lessee legal rights and obligations in ship financial leasing; conservation status of the lessee rights in ship financial leasing; protection measures of the lessee right. Mainly through in-depth analysis of the lessee rights and obligations in ship financial leasing, respectively from the performance of the first contract rights; lease ship right; quiet possession right, use right; right of quality flaw appeal; rescission right、lease returning right and other aspects of rights to expounds the lack of corresponding rights protection system, and puts forward suggestions on the improvement of the corresponding right safeguard mechanism.
Keywords/Search Tags:Ship Financial Leasing, Lessee, Rights and Obligations, RightsProtection
PDF Full Text Request
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