Study On Legal Issues Of Rescission Of Ship Financial Leasing Contract

As a kind of financial leasing business,ship financial leasing combines the advantages of financial leasing,which integrates financing and financial goods.At the same time,it takes into account the particularity of the shipping industry,so that the small and medium-sized shipping enterprises with weak economic strength get out of the operating difficulties,gradually become the main means of financing,and also lay an important foundation for the development of China’s shipping industry.At the same time,because the ship financial leasing business has the characteristics of high investment amount and long return time,the lessor is facing great risks in the process of this transaction.In order to maintain the stability of ship financial leasing transactions,standardizing the dissolution of ship financial leasing contracts has become a research focus that can not be ignored.However,as China’s special regulations on ship financial leasing have not yet taken shape,the financial leasing industry is still in the process of development,the relevant laws and regulations are not comprehensive,and the distinction of legal relations is not clear.Specifically,there are the following three points: first,the abuse of the right to terminate the ship financial lease contract.Secondly,the parties to the ship financial leasing contract have great risks in the ship transaction relationship,but there is no special legal definition.Finally,there are no legal provisions on the ownership of ships after the cancellation of ship financial leasing contract.In order to solve the above three problems,the main body of the article shares four chapters,which are analyzed and combed respectively,and put forward corresponding views and suggestions.This thesis focuses on the dissolution of ship financial leasing contract.The first part is an overview,which introduces the development of ship financial leasing industry,the narrow meaning of ship financial leasing contract and the theoretical problems of the dissolution of the contract.The second part discusses the exercise of the lessor’s right to rescind the ship finance lease contract and puts forward specific suggestions.First,it introduces the general situation of the lessor’s exercise of the right to rescind the contract,analyzes the common situations of rescind the contract in practice,such as the lessee defaulting on rent,and proposes the extent of the breach and whether the purpose of the contract can not be realized.Section 2,3 and 4 analyzes key and controversial issues in judicial practice and theory based on judicial precedent and legal basis,and puts forward corresponding suggestions or solutions respectively.It includes suggestions on the legal application of sale-leaseback,thoughts on the exercise of lessor’s right to rescind contract when lessee subleases without authorization,and research on the legal application of rescind contract similar to financial lease contract contained in maritime Law,and puts forward suggestions on legislative improvement.The third part discusses the exercise of the lessee’s right to rescind the ship finance lease contract and puts forward specific suggestions.Firstly,it introduces the common situation of the lessee’s right to rescind the ship finance lease contract,and summarizes the common problems of the lessee’s right to rescind the lease contract in practice,mainly based on the analysis of the fundamental breach of the shipowner in Article 563 of the Civil Code.The second and third section also studies and summarizes the key and controversial issues in the exercise of the lessee’s right to terminate the contract in judicial practice,that is,the obstacles in the exercise of the lessee’s right to terminate the contract due to the reasons of the seller and the setting of the mortgage of the financing object,and puts forward corresponding solutions or suggestions on the application of law.The fourth part focuses on the exercise of the termination of the ship financing lease contract and its consequences,and the lessor’s right of recovery.Considering the nature of ship financing,it summarizes how to determine the design of ship ownership after the termination of the contract.Finally,summarize the deficiencies and put forward measures and suggestions to improve.