Research On The Issues Of Ownership Under Ship Financial Leasing

The operation and development of the shipping industry rely on a large amount of financial capital.The manufacturing of ships requires extremely high capital.However,most of shipping enterprises do not have sufficient capital in their hands and therefore they will rely heavily on financing.As a new type of financing channel,ship financing lease is increasingly recognized and valued.China's ship financial leasing industry is in the development stage,and scholars from all countries are paying attention to it.Among them,the study of ownership is also a very important aspect.This paper intends to analyze the relevant issues of ownership under ship financial leasing.This text consists of four parts:The first part is the basic understanding of ownership under ship finance lease.It mainly includes the connotation and legal features of ship finance lease,the subject and object of ship ownership,and the understanding of ownership under ship finance lease from the perspective of atypical security rights.This part is the basic cognition of the research paper.The second part is the ownership of ships under construction.The problem involves three aspects:first,the arrangement of ownership of ships under construction as agreed in the contract.The second is to judge the nature of the new ship construction contract based on the characteristics of ship finance lease,and further analyze the ownership under the nature of the contract.The third is to analyze the ownership of the ships under construction during partial financing through case studies.The third part is the directional analysis of ownership under ship finance lease.The content involved covers both domestic and foreign parts.The research in the domestic part includes five small parts,that is,the confirmation according to the agreement of the contract through the analysis of the "Gang Long 1" case,the confirmation of the ownership of the ship under different modes,the confirmation of the ownership of the ship when the contract is terminated,the ownership of the ship when the ownership is not agreed in the contract when the lease expires,and the ownership of the ship when the registered owner and the actual owner are separated.The second is the identification of ownership of ships under different modes.Some representative countries,namely the United States,Singapore and the United Kingdom,were selected to study the foreign part,and analyzed the ownership of these three countries under the ship financing lease mode respectively.The fourth part is about the influence of other security interests on the ownership of ships.This part first solves a premise,that is,how to deal with the relationship between the ownership with the nature of guarantee,maritime liens and maritime liens,then further elaborates the impact of the processing results on the ownership of ships under financial leasing,and makes a legal analysis on the risk selection faced by the lessor as the owner.