Research On Legal Issues Of Ship Financing Lease Registration System Under Civil Code

As an important way of financing,ship financing lease promotes the development of the industry of shipping finance.It comes to be an important task to enact and improve law and regulations related to ship financing lease,in order to enhance the quick and stable development of the industry of shipping finance.Current law and regulations in China do not provide any provisions on ship financing lease registration specifically.In practice,the financing lease ship generally registers the ownership and bareboat charter in Maritime Safety Administration while indicates in the register.Thus,ship financing registration effect is generally judged as bareboat registration effect in jurisdiction practice.In that case,the legal relationship under ship financing lease and bareboat charter are confused,and the registration procedure is also hindered.Civil Code reconstructs personal property security system which identifies financing lease as atypical security.The legal nature of ship financing lease is different from bareboat charter.Besides,in the process of the amendment of Regulations of the People’s Republic of China Governing the Registration of Ships,quite a lot experts suggest to construct the systematic registration procedure of ship financing lease.Under the background above,it is necessary to do the research on ship financing lease registration system from the aspects of substantive law and adjective law,in order to figure out the registered right and the effect of the registration under Civil Code,and construct the systematic registration procedures.Chapter one analyzes the basic legal issues of ship financing lease registration to provide theoretical basis for the following part.Firstly,by analyzing relevant domestic,foreign and international regulations,this chapter defines ship financing lease,and clarifies the parties under ship financing lease are lessor and lessee,and identifies the legal nature of financing lease as atypical security under Civil Code.Based on the analysis above,this chapter defines the concept of ship financing lease registration,and analyzes its legal nature of private law.Finally,this chapter analyzes the necessity of ship financing lease registration.Chapter two analyzes the registered right.This chapter figures out the registered right under Civil Code by analyzing the registered right under different legislative models and in practice,including the lessor’s ownership,the lessor’s security interest and the lessee’s financing lease right.Firstly,the registered right should not be the lessor’s ownership,which is inconsistent with the legislative model of Civil Code and the purpose of financing lease registration.Secondly,registering the lessor’s security interest is reasonable in China under Civil Code.Finally,on the basis of clarifying the financing lease right as the creditor’s right that has the nature of the real right when it is registered,this chapter considers it is necessary to register the lessee’s financing lease right.Chapter three analyzes the effect of ship financing lease registration,in order to identify the priority of conflicted rights.This chapter firstly clarifies that the registration resistance system should be adopted in China,and then analyzes the scope of the third party of registration resistance system of ship financing lease registration.Chapter four summarizes the existing shortcomings of ship financing lease registration system in China,and puts forward suggestions for the improvement.The registered right and registration effect are unclear under current law and regulations in China.It is hard to ensure the transaction safety and judge the priority of conflict rights.Besides,the registration procedure is also hindered.Therefore,the registered right and registration effect of ship financing lease registration should be specified,and a systematic registration procedure should be established,including specifying the registration authority,application materials and review mode,and improving the supporting registration procedures.