Research On The Transfer Of Ship's Ownership Under Bareboat Charter With Hire Purchase

Bareboat charter with hire purchase is rarely studied in the theories of the existing works in China,it has been used as a form of ship financing investment in practice.The bareboat charterer can get rights of possession,use and command of the ship in this way,as well as the ownership of the ship by hire-purchase clause.Nowadays,the systems about bareboat charter with hire purchase are not perfect in China,we need to further strengthen the construction of relevant legal systems.This paper makes a systematic study of the transfer of ship's ownership under bareboat charter with hire purchase,focusing on the legal issues between shipowner and bareboat charterer in practice,and trying to provide some legal measures to coordinate different parties' interests.In this paper,the first chapter is about the cause of transfer of ship's ownership,which contains three parts,they are the behavior of the contract,the law of public events and law behavior,and they clearly show the transfer of ship's ownership in different conditions.The second chapter is about hire-purchase fee paid by bareboat charterer,and the influence on transfer of ship's ownership under bareboat charter with hire purchase.Firstly,it analyzed the normal transfer of ship's ownership under bareboat charter with hire purchase according to the relevant law and contracts.Secondly,it expounded how the ship's ownership transferred when bareboat charterer payed all the hire-purchase fee at expiration of the lease.In the end,it discussed transfer of ship's ownership on condition of bareboat charterer's less-paying hire-purchase fee,in this case,it analyzed this issue in accordance with the relevant law and regulations,and also studied on condition that the shipowner withdraw the ship and terminate the contract,and lastly provided some measures to solve the problem that when bareboat charterer did not pay all the hire-purchase fee.The third chapter is about transfer of ship's ownership on condition of shipowner's several selling of one boat.it firstly explained this issue by reservation of ownership,then figured out some relevant issues by advance-notice registration.And analyzed the effect of several selling of one boat according to the relevant law and regulations in the end.The last chapter is about how the ship,s ownership transferred when the bareboat charterer sold the ship.It firstly analyzed when bareboat charterer made a contract with the third party under bareboat charter with hire purchase on condition that he can get the ship's ownership;then it showed the transfer of ship's ownership when the bareboat charterer's expectation right was lost.The last part discussed how to protect bareboat charterer's expectation right.