A Study On The Right Protections Of Ship Financial Lessee

Currently,there is no special legislation for ship financial leasing in China.Protections of ship financial lessees in the Civil Code is relatively crude.So this paper discusses how to strengthen the protection of ship fainancial lessees,based on the common issues of ship financial leasing transactions and relevant theories and cases.The first chapter is the introduction,explaining the background,research objects,topic meanings and goals,expounding argumentation methods,innovations and viewpoints of the paper,reviewing abundant literatures of common risks of ship finance lease lessees.The second chapter first discusses the definition and particularity of ship finance leasing,and puts forward issues of the protection of ship charterers.The third chapter divides ship defects into quality defects and rights defects.First of all,analyze why it is hard to claim for ship quality defects,such as claim right based on willing,passive assistance from shipowner under charter party,and hard to identify quality defects.Secondly,analyze the lack of guarantee for ship’s right defects.The current possession guarantee does not contain defects of rights,remedies are ex post facto and the remedy for the shipowner’s refusal to deliver is blank,and the scope of compensation is unclear.Finally,analyze the foreign conventions and legal provisions for reference.The fourth chapter analyzes the risky protection of the defaulted ship charterer.First,analyze insufficiencies of two remedies for the ship owner,such as sacrificing the time-term interests of the ship charterer,affecting the ship’s real value to repay debts,and not distinguishing whether the breach of contract can be remedied,etc.,and then explore the protection of the breaching ship charterer through judicial judgment ideas.The fifth chapter makes recommendations.First,in terms of quality defects,it is recommended to legally transfer the right to claim,add the case where the charterer is liable for defects,and introduce bank guarantees and insurance systems to transfer risks,so as to avoid the failure of the charterer to make a claim and suffer economic losses.Second,in terms of rights defects,it is recommended to add a ship owner to guarantee the ship’s rights defects,establish a simple procedure for ship return,give the ship lessee the right to rescind the ship’s rights defects,and clarify the scope of compensation for the ship owner.Third,in terms of the charterer’s breach of contract,it is suggested that the time value corresponding to the rent due in advance should be deducted;it is suggested to clarify the calculation method of ship disposal and residual value.It is suggested to give the ship lessee the opportunity to remedy the damage,and to increase the obligation of the ship owner to reduce the damage,so as to prevent the avoidable loss from further expanding.Finally,it is advisable to uphold humanistic care in handling ship financing leasing disputes,avoid rigid application of laws and regulations,try to restore the good cooperative relationship between the parties,and promote the healthy development of the ship financing leasing industry.