Legal Research On The Modification Of Ship Financial Leasing Contract In Maritime Law

Today,the global epidemic situation is severe,the economic growth rate is slowing down,and the political and economic conflicts between countries are becoming increasingly frequent,which has had a huge impact on the shipping industry.Therefore,ship finance leasing has become an important financing way for shipping enterprises.However,China lacks clear legal provisions on ship financial leasing in China,and other legal provisions have to be applied in practice,resulting in frequent legal disputes.Therefore,this thesis studies the issues related to the ship financial lease contract in the revision of the Maritime Law.It focuses on discussing the application scope of ship financial leasing and the coordination with the Civil Code,and puts forward corresponding legislative suggestions for the revision of the ship financial leasing part of the Maritime Law.Except for the introduction and conclusions,this article is mainly divided into four chapters:The first chapter of this thesis introduces the concept and legislative status of ship financial lease contract.This chapter discusses the legal characteristics of ship financial lease contract,studies the basic category of ship financial lease,and defines the concept of ship financial lease contract.By analyzing the current legislative situation of ship finance lease contract,the special legal problems existing in ship finance lease are analyzed.The second chapter of this article analyzes and discusses the application of ship lease provisions in the maritime law to ship finance lease.In practice,the provisions of bare ship lease contract often apply to the problem of ship financial leasing.The main reason for this phenomenon is that there is a great similarity between bare ship leasing and ship financial leasing,and some provisions of bare ship lease contract also apply to ship financial leasing.However,the light ship lease contract belongs to the ship lease contract,which is essentially different from the business lease and the ship finance lease.Therefore,the Civil Code divides the lease contract and the finance lease contract into two chapters in the contract section.For this reason,there is a great dispute over the application of the ship charter provisions to the ship finance charter in the amendment of the Maritime Law.However,the structural approach of the Cape Town Treaty has great reference for the solution of the problem.Therefore,it is concluded that the "double text" structure of the Cape Town Treaty should be learned and the application scope of article 157 of the Maritime Law should be upheld.The third chapter of this thesis studies the coordination and connection between the applicable ship financial leasing and the Civil Code.Through the analysis of the above chapter,it can be concluded that the ship financial leasing problem should be revised from the perspective of the ship lease contract,while other provisions for the "financial lease contract" are not reflected in the revision of the Maritime Law.However,due to the introduction of the Civil Code,the ship lease provisions apply to the ship finance lease contract,the original provisions of the Maritime Law is bound to be inconsistent with the Civil Code in some places,causing conflict.The conflict is mainly reflected in two problems,namely,the exercise of lessor’s mortgage in ship finance lease and the rent payment of lessee in ship finance lease.Therefore,we should keep the provisions of Article 151 of the original Maritime Law and adjust Article 152 of the Maritime Law accordingly.The fourth chapter of this thesis discusses the legislative proposal of ship financial lease contract in China,and first analyzes the legislative style selection of foreign ship financial lease.Moreover,the choice of our legislative style is discussed.Secondly,the thesis put forward specific opinions on improving the ship financial lease contract of the Maritime Law.First,the relevant provisions of ship financial leasing should be revised from the perspective of ship leasing.Second,improve the connection between the Civil Code and the Maritime Law.Third,the selective modification of the original provisions of the Maritime Law.