Research On Legal Issues Of Ship Financial Leasing Registration

With the rising cost of ships in recent years,many shipping companies are facing a severe shortage of funds.In this case,ship financial leasing has become the preferred financing method for major shipping companies after bank loans by virtue of its unique advantages.In terms of ship financial lease registration,both parties to the lease usually register the bareboat lease.Although ship financial leasing and bareboat leasing have certain similarities,there are great differences in the content of the rights and obligations of the parties and the nature of the transaction.Mechanically applying the bareboat leasing registration system will cause many legal problems and difficulties for both parties and the third party.Therefore,it is necessary to study the legal issues related to the registration of ship financial leasing,and explore a separate registration system that meets the interests of relevant parties and conforms to the essence of ship financial leasing transactions,so as to promote the smooth development of ship financial leasing business.In addition to the introduction and conclusion,the thesis includes the following four chapters:The first chapter is an overview of ship financial lease registration.This chapter briefly introduces the definition and specific types of ship financial leasing,explains the meaning of ship financial leasing registration,and analyzes the current situation of China’s ship financial leasing registration system from the existing legislative level and practical registration level,so as to form a basic understanding of the ship financial leasing registration system.The second chapter discusses the deficiency of bareboat charter registration in ship financial leasing.This chapter focuses on the defects existing in the registration of ship financial leasing in accordance with the bareboat charter registration system currently implemented in China.By comparing the differences between ship financial leasing and bareboat charter,it analyzes the lack of antagonism and publicity effects of bareboat charter registration on both parties to the ship financial leasing and the third party outside the transaction,which makes it difficult to effectively protect the rights and interests of all parties,Hinder the smooth development of ship financial leasing transactions.The third chapter discusses the necessity of establishing a separate ship financial leasing registration system,and makes a theoretical analysis of the relevant theoretical difficulties.This chapter expounds the necessity of establishing a separate ship financial leasing registration system in China from four aspects: the independence of the transaction type of ship financial leasing,the particularity of the lessee’s rights,the protection of the rights and interests of relevant parties,and the need to promote the high-quality development of China’s shipping industry.And the right content and its effectiveness that should be publicized by the separate registration system are demonstrated in detail,and finally a reasonable conclusion is reached.The fourth chapter puts forward relevant suggestions on the establishment of China’s separate ship financial leasing registration system.This chapter refers to the views of different scholars and combines the actual situation in China,and puts forward reasonable and feasible suggestions for the establishment of China’s separate ship financial leasing registration system through the construction of specific registration procedures such as the independence of registration types and contents,and the addition of ship financial leasing contracts and registration related contents in relevant laws and regulations,so as to endow the registration with antagonistic effect,In order to solve the problem of the lack of publicity effect and confrontation effect of the bareboat charter registration system applicable to the ship financial lease on the third party outside the transaction and the parties to the lease.