Study On The Insurance Legal Issues Related To Lessor In Shipping Finance Lease

As one of the finance lease business,shipping finance lease combines the advantages of financing and melting,while taking into account the characteristics of the shipping industry,so that small and medium-sized shipping companies with weak economic come out of their operating difficulties and shipping finance lease also becomes main means of financing gradually.Also,it becomes an important foundation for the development of Chinese shipping industry.At the same time,the shipping finance lease business has the characteristics of high investment amount and a long return time,which makes lessor faces huge risks in this transaction.In order to maintain the stable development of shipping finance lease business,protecting the interest of lessor has become a research focus that cannot be ignored.In consideration of resisting the risks that lessor may encounter in this transaction,the corresponding insurance mechanism came into being.However,the insurance legal system in China is still in the process of developing,the relevant laws and regulations are not comprehensive,many problems related to shipping finance lease lessor have arisen in the insurance practice.Specifically,there are three main points:Firstly,the insurable interest of lessor in relevant insurance is unclear.Secondly,the legal status of lessor in relevant insurance contract is uncertain.Finally,the lessor has insufficient insurance security in the face of credit risks.In order to solve the above three problems,the article's main body shares four chapters to analyze and propose corresponding solutions.Chapter one is the overview of the article.Firstly,it introduces the basic concepts and main models of shipping finance lease,and the current situation of this business in China.Secondly,it introduces three types of insurance contract form,such as builder's risk insurance,hull insurance and P&I insurance,which are mainly involved in shipping finance lease business,and explains the main problems that lessor may face in related insurance business briefly.Chapter two explores the insurable interest of lessor in shipping finance lease relevant insurance.Firstly,it introduces the identification of insurable interest in practice,and analyzes the legal characteristics of insurable interest refer to the related basic theory.Secondly,it focuses on the analysis of the insurable interest of lessor in builder's risk insurance based on the ownership and expected benefits.Finally,it analyzes the problems existing in the definition of the concept of insurable interest in Insurance Law of PRC,and put forward the corresponding legislative suggestions.Chapter three analyzes the legal status of the lessor in insurance contract.Firstly,introducing the likely legal status of lessor in the relevant insurance contract.Aiming at the problems existing in shipping finance lease business practice and judicial trials,the proposal of introducing the co-insurance system is put forward.Then combined with the foreign research on this insurance system,the basic law theories involved in.the co-insurance system were sorted out.Finally,in view of the problems in practice,specific suggestions for Chinese relevant legislation are put forward.Chapter four introduces the insurance security measures that lessor can take when facing credit risks.Firstly,it analyzes the credit risks that the lessor may encounter from different entities in shipping finance lease business.Secondly,introducing the main ways to deal with credit risks and the existing defects in the practice of shipping finance lease in China.Finally,introducing the guarantee insurance,which is gradually adopted in the practice of financial leasing as a means to prevent the credit risk of lessor,and putting forward corresponding suggestions for the existing problems in the current law of this kind of insurance.