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Several Legal Issues Research About The International Ship Financial Leasing Contract

Posted on:2014-11-26Degree:MasterType:Thesis
Country:ChinaCandidate:J XuFull Text:PDF
GTID:2296330425479508Subject:Public international law
Abstract/Summary:PDF Full Text Request
Since the outburst of the recent financial crisis, the landscape of international shippingindustry has been changed dramatically. Traditional financing methods can no longermeet the current market demand. While financial institutions, such as banks areraising their threshold for potential credits, new ways of finance have grown andmatured. The building of ships consumes enormous time and money. Ship financialleasing can help shipping companies broaden their financing methods, improve cashflow and lower financing cost through flexible payments and tax credits. Thus,helping lessee companies to integrate cost structure and strengthen their core-competitiveness. However, ship financial leasing is still in its nascent stage in China,lack of expertise in both personnel and enterprises, short of financing channels andsupporting policies. More capital is demanded every day under the current changingperiod, ship financial leasing is undoubtedly a refreshing approach under the currentmarket downturn. Therefore, it is essential to research and explore the legal issues infinancial leasing contract in order to crystallize those problems currently exist in thefinancial leasing business and ending regulatory fragmentation.The article is divided into three parts apart from introduction&epilogue.The introduction will try to explain the reasons why international ship financialleasing business currently developed into the most efficient financing channel andwhat challenges and opportunities it will bring to China. And in the meantime addresson the importance of financial leasing contract in the entire transaction, thushighlighting the necessity of the research on legal issues of international ship financialleasing contract.The first part elaborates on the fundamental theories of international ship financialleasing contract. Introduce to the emergence and definition of international shipfinancial leasing contract, its legal background, financial risk and a comparative studyto the practices in China.The second part will first explores the legal nature of ship financial leasing contract,leasing patterns, legal questions in forming the contract, eligibility of the contracting parties, the rights and obligations of the parties concerned, and the claim clause. Thendifferentiate between ship financial leasing contract and other contracts in this field,such as bareboat charter contract, in order to accurately apply them in real practices.The third part will address the current problems in the ship financial leasing industryand also propose reforms to the legislature.
Keywords/Search Tags:international ship financial leasing, international ship financialleasing contract, financial risk, civil right-obligation relationship of shipfinancial leasing contract
PDF Full Text Request
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