Starting from the definition and kinds of financing lease , this thesis demonstrates the unique legal nature and feature of shipping financing lease in comparison with bareboat charter and general financing lease 本文从融资租赁的定义和种类入手,通过与光船租赁、一般融资租赁相比较,显示船舶融资租赁交易独特的法律性质、法律特征。
2.
Article 21 a maritime lien is the right of the claimant , subject to the provisions of article 22 of this code , to take priority in compensation against shipowners , bareboat charterers or ship operators with respect to the ship which gave rise to the said claim 第二十一条船舶优先权,是指海事请求人依照本法第二十二条的规定,向船舶所有人、光船承租人、船舶经营人提出海事请求,对产生该海事请求的船具有优先受偿的权利。
3.
2 shipowner means the owner of the ship or another organization or person , such as the manager , agent or bareboat charterer , who has assumed the responsibility for the operation of the ship from the owner and who , on assuming such responsibility , has agreed to take over the duties and responsibilities imposed on shipowners in accordance with this convention , regardless of whether any other organizations or persons fulfil certain of the duties or responsibilities on behalf of the shipowner 2 “船东”系指船舶所有人或从船舶所有人那里承担了船舶经营责任并在承担这种责任时已同意接受船东根据本公约所承担的职责和责任的另一组织或个人,如管理人、代理或光船承租人,无论是否有其它组织或个人代表船东履行了某些职责或责任。
4.
1 shipowner means the owner of the ship or another organization or person , such as the manager , agent or bareboat charterer , who has assumed the responsibility for the operation of the ship from the owner and who , on assuming such responsibility , has agreed to take over the duties and responsibilities imposed on shipowners in accordance with this convention , regardless of whether any other organizations or persons fulfil certain of the duties or responsibilities on behalf of the shipowner 1 “船东”系指船舶所有人或从船舶所有人那里承担了船舶经营责任并在承担这种责任时已同意接受船东根据本公约所承担的职责和责任的另一组织或个人,如管理人、代理或光船承租人,无论是否有其它组织或个人代表船东履行了某些职责或责任。
5.
Chapter two distinguishes ship financial leasing from bareboat charter party and bareboat charter party containing lease - purchase clause by theories stated in chapter one , discusses to whom the ownership of the ship under construction belongs is beneficial to the lesser , and states why registering of the ownership of the ship is very important for the lesser 更进一步用这一理论来分析船舶融资租赁交易和船舶光租及租购交易的区别,并对船舶融资租赁中遇到的在建船舶所有权安排问题和船舶所有权登记问题加以探讨。笔者接着探讨了出租人作为所有权人所拥有的重要权利取回权。