Researches On Registration Of Ship Financial Leasing In China

The industry of shipping buiding has expanded more and more widely in recent years,But we also face some difficulities.And the main reason is lacking of money,which cause the orders become less,in the end,it leads the volume of export,which makes this bussiness bad.In order to solve this problem,many shipping companies start to choose the model of financial leasing.When we using this model to enjoy the benefit of it,the problems are always with us,In the whole process of ship financial leasing mainly refers to three parties,which are leassor and leasee,of course,the industry.The leassor contact the industry and buy the ships for the leassee,which is according to the instructions of the tenant.The leassor is the ownershipi of the property,the leassee has the possession right and the right of using it,which combines the funds and assets.If the tenant dispose the lease item,in accordance with the right of possession whcih causes vadility of publicity,the tenant and the third party will suffer great loss.To solve this matter,we need more explicit publiciy of real right,that is system of registry,which will ensure the public credibility and countervailing of the leassor.For tenant,the behavior of the leassor to dispose the ship,basing on the ownership,the legal leasehold of whom is out of protection,The "princile of sales cannot break lease" also can not fix the problems exsiting in practice.If the third party doesn't investigate whether the leasing ship has defects,the act of tenant will reduce the value of the ship.For the puopose to protect the legal rights of the leasee and the third party in good faith.It is necessary to establish the system of publictity to definitude the rights and obligations between the leassor and leassee.There are no explicit rules or regualtions about the system of registry on ship financial leasing in China.Maritime Law only refers the system of registy on bareboat charter,the Regulations on Registry of Boat,issuerd by the Department of Transportation,while financial leasing boat during bareboat period,the financial leasing contract shall be filed.The Notice on the Registry of Financial Leasing only mention the specific regulations,which stipulates the parties of trading and the subjecti matter jurisdictions.But it remains to refers to the registry of the bareboat,whcih ignorcing the material differences between the ship financial leasing and bareboat charter,which is bad for the development of it in long term.This article is on account of the situation of our conutry,which sets out the necessity and feasibility of registry on ship financial leasing,by contrast of the bareboat charter and ship financial leasing,we will analyze the shortage of the registry on the ship financial leasing,meanwhile,we will discuss the nature of financial leasing,by taking examples of other countries,we will chooes the pattern which is appropriate to ours.Giving some advices to improve the registry on ship financial leasing from legislations and practice.The first part,the main purpose is to define the registry of ship financial leasing,and analyze the recent situations through the legislations and practice.The next part,we will point out the shortage of the publicity by comparing the difference of the system publicity between the bareboat charter and ship financial leasing,In part three,this paper will analyze the necessity and feasibility from the point of relevance rights on publicity,protection of relevant bligee,improving the competence of ship building and regulate the industry of movable property on financial leasing.Attempt to establish the uniform system of registry on ship financial leasing.Accoring to the practice of FTZ and the regulations of local governments.Part four,by comparison of the different theroies in determining the nature of the financial leasing,such as installment theory,the theory of lease contract,the theory chattel secured transtion,the theory of seperate transtion and etc.According to which,we shall understand the definited rights on ship financial leasig.And we also can absorb the advanced experience in other countries,so that we can find a model that are suitable for us.The last portion,pursuant to the establishment of the law system and the improving of specific process,we may make some suggestions to the publicity on ship financial leasing.