The Weakened Ownership In Ship Financial Leasing

Financial leasing arising as the demand of the market which need massive funds and cash flow, besides, financial leasing also develops from leasing and transaction. Thanks to the construction of free trade zone, the financial leasing comes to a prominent place as a tool of financial reform and innovation. When discussing the question of ownership of the financial leasing ship, we cannot ignore the four functions of the ownership which names occupation, use, profits, even to disposal. However, such four functions can be separated from ownership, which compose the basic of the financial leasing ship. As a result, the weakening of ownership becomes inevitable. In the condition of financial leasing ship, because of the limit of lease relationship, the ownership becomes a security of rent and the law tries to find a balance between the ownership and occupation. The ship owner’s profit is guaranteed by rent, and the ownership is the basis of rent. So, we can say that the ownership should have a decisive effect beyond the creditor’s rights.It is not difficult to find that the experts and scholars have a deeply research on financial leasing, but not financial leasing ship even not the ownership of financial leasing ship. The article concentrates on the weakness of the financial leasing ship’s ownership. The body of article can be divided into three parts to discuss above problem.The first part analyzes the characters of the financial leasing ship’s ownership and discusses the importance of it. Further more, we analyze the reason of the weakness of the financial leasing ship’s ownership, and pay attention to the ship under construction.The second part analyzes some manifestations of the weakness of the financial leasing ship’s ownership under the positive research and the theoretical study. We should pay more attention to the weakness of the financial leasing ship’s ownership and try to protect it under the law.In the third part, the author puts forward the system conception of the protection. First, standing in the angle of the leaser, try to set up the risk awareness. Second, adjust the law to adapt to the development, and improve the protection of the ownership of the ship financial leasing.