Research On The Contract Law Issues Of International Ship Finance Lease

In recent years, after the financial crisis, the shipbuilding industry began to recover in the nation-wide, China’s shipbuilding industry is in the next wave of global economic integration, and also in the innovation stage. China’s shipbuilding industry began to use new financial way---finance lease, to address some of the shortages among the China’s coastal small shipbuilding companies and shipping companies’ funding the core issues. However, due to international ship financial leasing in China has just started, the relevant laws of China’s financial leasing are not yet fully developed, but there is no corresponding legislation to regulate international ship finance leases. The appropriate legal environment supporting can no keep up the development of international ship finance leasing practices, we want to raise the development in recent years, we can base on in-depth study of other countries or international organizations, international ship finance leases for the results of our ship financial leasing legislation to improve and promote the development of this new financial methods, and thus protect the development of the entire shipping industry.Finance leases as a new form of financing, is involving multiple parties and a variety of legal relations. And the object of this mode--ship finance lease is a contract subject of this particular ship, thus increasing the complexity of the ship financial leasing contract. Another legal relationship and the subject are beyond the country, which in particular transnational cross-trading laws, as our legislation more difficult.This paper first describes the legal environment, international ship finance leases legal developments in our country, and the "international" as defined in the international ship finance leases, and also describes the current mainstream finance lease, and these methods currently exist development issues.Second, focus on the content of international ship finance lease contract. Together form the contract of sale and lease contracts ship financial leasing contracts, two contracts are independent but influence each other. The core of the lease contract bareboat charter contract specifications quoted in the current practice of the bareboat charter contract again, and there are some differencesAgain introduced the registration of ships ship such special objects produced. Since the ship are built and use in different countries, for the registration of ships brought "double registration" problem. In the international ship finance lease, the ownership registration and entry into force of the ship after ship registered in leasing, as well as remedies and legislative trends in the occurrence of the registration disputes.Finally, after all this analysis, the author studied the existing domestic and international legal system of finance lease contracts for analysis from the subject and content of the contract, the contract itself was found legal difficulties in the international scale, complex issues brought some of their legislative proposals put forward. Such as accelerating the development of special legislation to protect the development of financial leasing industry; improve maritime law related to system requirements:ship registration system should pay attention to the problem of double registration, and the right tenant against a third person to be able to improve the provisions of the relevant property, to avoid As the impact of the lessee the right to use priority; create the corresponding ship financial leasing regulatory system.