International Ship Finance Leases A Number Of Legal Issues

The international ship's of financial leasing, a new-type ship's financial means, helps to fill up the insufficiency of traditional ship's finance. However, the developing countries including China are still at the very beginning stage on the usage of it. The Maritime Code of China does not character what the shipping financial leasing is. The present situation of legislation can not provide the powerful system safeguard for the ships financing development. The only effective way to active control ships financing risk and attract investment is consulting international legislation and practice experience and perfecting our shipping financing related law system.New type of transactions always means trouble to the law, so does the financial lease. However the contracts of financial leasing on ship, other than ones on some common proprieties, maybe the most complex ones in contract family. But, the research on this kind of complex contract is so important, that more and more scholars are paying attention.The shipping financial leasing means the leaser purchase the ship which has been selected by the leaser. The leaser uses that ship and pays the hire to leasor. And at the end of the leasing , the leaser will have the property of the ship. The thesis tries to study several legal issues thereof.1. Registration under the shipping financial leasing. As the present registration can't meet the need of such new-type ship's right, it tries to construct the legal framework for the registration of it.2. Risks therefrom the ships' collision. The ships' collision, will result several compensation liabilities, such as collision, oil pollution and removal of wrecks. The article combines the specialties of financial leasing, put out my own opinion.3. Jurisdiction and Governing Law. The parties have the right to choose the courts and decide the law governing the disputes in the future. But the right of choice will be influenced by some facts and we should consider these aspects.4. Guarantee system. As an important system, the guarantor will face special risks under shipping financial leasing.5. Processor lien. Whether the third person can process the ship which doesn't belong to the charter, it remains conflict both in theory and practice. I bring up my own opinion in the article.