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A Study on Legal Issues on International Ship’s Financial Leasing

Author: YangRongBo
Tutor: DuLiFu；SongZhanSheng
School: Dalian Maritime University
Course: International Law
Keywords: International Ship’s Financial Leasing Ship’s Financial Leasing Right Risks and Interests-Protection Registration for Ship’s Financial Leasing
CLC: D996.19
Type: Master's thesis
Year: 2000
Downloads: 415
Quote: 9
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Abstract


The international ship’s 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 thesis tries to study several legal issues thereof.1 .The legal enviroment of the means has been analysed. It discusses the influences of recent development in international financial law related, such as the legal documents on international financial risks control, the Financial Trade and Service Agreement under GATS, the Loan Securitisations and the Euro Money System. Furthermore, it discusses the private law mainly on the UNIDROIT Convention on International Financial Leasing and the Financial Leasing Contract’chapter of China Contract Law, ect.2.For the applying laws of it being in conflict, the thesis points out that it has border and independent characteristics, draws the conclusion that its nature shall be defined from the private law angle.3.It analyses the legal nature of leasing right, holds the point that the ship’s financial leasing right shall be regarded as usufructuary right in practice.4.It analyses in detail the commercial and political risks,the interests-protection system. Meanwhile, it points out the insufficiency of the recent ship’s insurance, probes into the feasibility of introducing Overseas Investment Insurance to cover it.5.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.6.Lastly, it puts forward several advisable measures for China to develop such international transaction and expects to give helps in practice thereby.

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CLC: > Political, legal > Legal > International law > International Economic Law > International Business Law ( International Trade Law ) > Maritime
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