A Study Of The Special Risks Of Ship Finance Lessors

Ship finance leasing is a credit method combining finance,trade and leasing,and its expression is financing in substance,which is a main way of modern shipping financing.In the time of financial crisis and difficult bank loans,it effectively solves the financing problems of ship enterprises through innovative financing methods and provides strong support for the development of China’s shipbuilding industry.In recent years,ship finance leasing business has developed rapidly,but some risks exist in the rapid development of China’s shipping market are also increasingly prominent,especially the risks faced by ship finance leasing companies.As ship finance leasing is different from general finance leasing,first of all,its object is relatively special.Secondly,it is subject to both the provisions of the Civil Code regarding general financial leasing and the special laws such as maritime law,which makes the lessor of ship finance leasing not only face risks such as shipyard bankruptcy during ship construction,but also face special risks such as ship priority,lien,loss of ship ownership and ship oil pollution damage row during ship leasing.As the lessee of ship finance lease plays a pivotal role in the whole shipping market,but the protection measures for the lessor of ship finance lease in China are not too perfect at present,so this thesis tries to analyze the unique risks faced by the lessor of ship finance lease and then put forward some practical countermeasures and suggestions to prevent the relevant risks faced by the weakened lessor of property rights,and then promote the development of shipping The thesis is divided into four chapters.This paper is mainly divided into four chapters.The first chapter is an overview of the basic theoretical knowledge of ship finance leasing.Understanding the basic theory is the precondition for solving the problem,and the overall understanding of the relevant content of ship finance leasing can help solve the special risk problem of ship finance leasing.Firstly,it introduces the concept of ship financial leasing,including the object,subject and legal relationship,etc.Then introduce the main modes of ship financial leasing,including the general mode and some special mode types,because different risk problems will arise under different mode types.Finally,the characteristics of ship finance leasing are analyzed,which is also the premise that the lessor of ship finance leasing will face special risk causes.The second chapter risks the risks faced by the lessor during the construction of a ship.This chapter focuses on the identification of the legal nature of the ship under construction,the ownership vesting of the ship under construction and the risks to the lessor arising from the different ownership vesting of the ship under construction.Because the number of newly constructed ships is gradually increasing in ship finance leasing transactions and more disputes arise,it is necessary to analyze the risks faced by lessors in such cases.Chapter 3 analyzes four different risks faced by lessors during ship leasing.The main risks include ship priority risk,ship lien risk,ship ownership loss risk and ship oil pollution damage risk.Due to the special protection of the Maritime Law for specific maritime creditors and the imperfect regulations on ship finance leasing,the lessor faces various special risks during the leasing period.Chapter 4 puts forward suggestions for improving the risk prevention of lessors in ship finance leasing.The special risks of lessors in ship finance leasing are not enough to rely on the lessors themselves to take precautionary measures,but should be improved from the macro level of legislation in order to better protect the rights and interests of lessors.