Research On Legal Issues Of Ship Finance Leasing Registration

This paper mainly addresses the issue of how ships should be registered under financial leasing.Firstly,it points out the problems of the current registration methods in terms of publicity,effectiveness and procedural rules.Secondly,on the basis of analyzing the nature of the rights,it is proposed that the "ship ownership registration+ship financing lease registration" should be adopted.Finally,it proposes a specific construction plan for the registration of ship financing leases to solve the above problems.Specifically,this paper mainly includes the following four aspects:First,summarize the current registration methods and point out the problems.Under the current Chinese regulations,for financial leasing vessels,the registrations that need to be handled mainly include ship ownership registration,nationality registration and registration of bareboat charter.The main problems lie in the bareboat charter registration.Specifically include:the lack of publicity of the financial leasing legal relationship and the property rights of the lessee on the leased property;the lack of effectiveness of the registration,that is,the inability to prevent the lessor from fighting unreasonable maritime claims,and the lessee to counter the change of property rights after the end of the lease term;and some questions regarding the registration of application materials,the transfer of ownership after the end of the lease period and the registration of write-off obligations.The existence of the above problems has led to some irregular registration methods in practice,which has forced us to reflect on the registration methods of financial leasing vessels.Secondly,through analyzing the nature of the rights,it proposes that the ship financing lease registration should be used as the publicity method.Firstly,the nature of the lessor's rights is ownership rather than security,and the nature of the lessee's rights is the financing lease right rather than the usufruct or economic ownership;Secondly,this part analyzes the reasons why the creditor needs to be publicized,the reason why the registration should be used as the publicity method,and the reason why the ship financing lease registration should be used as the registration method;Finally,this chapter analyzes the difference between the registration of ship finance leases and other registrations,and points out that the unified movable property financing registration system cannot be used as a registration method for financial lease vessels.It is proposed that we should establish a special ship financing lease registration system.Third,this part is mainly to propose the construction method of the financial leasing registration system and the legislative recommendations.Firstly,the maritime department of each locality should be the registration authority.In principle,the two parties are the registered co-applicants,and the vesting person of the property right after the end of the lease term is the offender,at the same time it must take into account the additional provisions when there are foreign-related factors;Secondly,the application documents should be able to reflect the basic situation of the parties and the ship,as well as the characteristics of the financial lease,the lease period to be publicized and the vesting of the leased property;Thirdly,the method of review of registration should be based on the principle of formal review,while strengthening the identification of whether it constitutes a genuine financial leasing transaction under formal review,and avoiding the adverse effects of misregistration.Regarding the access of the parties to the registration,the inquiry of the registered information shall be based on the principle of application by the right holder and the interested party.However,the state of the vessel in the form of financial leasing shall be listed as the basic information of the ship,and shall be displayed actively when inquiring about the basic conditions of the ship;Finally,for the validity of the registration,it shall have the effect of publicity and confrontation,and the content and scope of the effectiveness of the confrontation shall be limited to the explicit provisions of the law.Fourth,summarize the full text and present conclusions.For ships under financial leasing,the registration of bareboat charter shall not be continued,and a special ship finance leasing registration system shall be established,and the provisions of substantive legal norms on the rights and obligations of the parties and the trading operation procedures shall be continuously improved.Fourth,summarize the full text and present conclusions.That is to say,the ship under the finance lease should not continue to use the bareboat charter registration method,and a special ship financing lease registration system should be established.At the same time,it is necessary to continue to improve the provisions of the law on ship financing leases.