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Study On The Legal Issues Of Protection Of Lessor's Interests In Shipping Financing Lease

Posted on:2017-04-12Degree:MasterType:Thesis
Country:ChinaCandidate:D ChenFull Text:PDF
GTID:2336330512468307Subject:Law
Abstract/Summary:PDF Full Text Request
While the financial leasing has been generated from only 50 years of history,however,because of the unique advantage of having so rapidly gaining acceptance in many countries.20 century,the late 50's and early 60's,the financial leasing business expanded first by the United States to Canada,Western Europe and Japan,the early 1970s,it began to appear in Southeast Asia and other countries and regions in the early 1980s by the Chinese as a foreign investment in the form and the introduction,from the beginning of the 1990s in Eastern Europe countries,application of emerging market economies.Today,the financial leasing business almost all over the world.Assets included in the scope of financial leasing industry is extremely broad types of transactions and the increasingly numerous.Ship finance lease is a finance lease will be applied to ship financing,it appears to promote the development of the world shipping industry and shipbuilding industry.This paper is divided into introduction,body and conclusion of three parts,in which the body is divided into four parts:The first part is the lessor ship ownership interest in the protection of legal issues.On the basis of the ownership of the lessor discourse theory,a detailed analysis of the lessor under the leaseback mode ownership interest in the protection of the ship under construction and the lessor ownership interest in the protection of legal issues.The second part is the lessor ship bona fide acquisition risks and countermeasures.This article looks at the legal issues of ownership registered ship this special movable property,combined with the 2014 "s Court on finance lease contract dispute case law applicable to the problem of interpretation," Analysis of bona fide third ship finance lease lessor faced risks and Countermeasures achieved.The third part is the lessor exemption rights protection issues.This section is divided into six areas discussed in the ship finance lease lessor is accountable faced risks and risk prevention measures namely how to make exemption.This six aspects are:the lessor ship flaw guarantee lessor burden of risk,the lessor oil pollution damage,the lessor maritime liens,lien ship lessor,the lessor compulsory wreck salvage.The fourth part is the lessor any way prohibit termination of the contract and protect the interests of other legal issues.In this paper,a detailed analysis of two aspects,one is the lessor any way prohibit termination benefits after termination of the contract basis and protect the interests of the lessor legal issues;the second is the basis of the interests of creditors and lessors Lessor rent rent claims to protect the interests of law.
Keywords/Search Tags:ship finance lease, the lessor, interest, risk, protection measures
PDF Full Text Request
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