涉外船舶融资租赁合同纠纷之法律适用问题探析

A study on the legal application of the dispute of foreign related ship financing lease contract

涉外船舶融资租赁是近些年航运市场领域内新兴的融资方式之一,实务界对该种交易及其合同的识别存在分歧,对该种类型纠纷所应适用的准据法尚有待明确。通过对涉外船舶融资租赁交易的国内法与"国际性"两个层面的分析与识别,阐述国际私法视角下法律适用所应遵循的原则,继而提出以承租人住所地法作为涉外船舶融资租赁合同纠纷准据法的主张。

Foreign related ship financing lease is one of the emerging financing methods in the shipping market in recent years. There are differences in practice in the identification of this kind of transaction and its contract. It is still not clear that how to apply the law in this kind of dispute. Through the analysis and identification of the two aspects of domestic law and internationality respectively,this paper expounds the principles that should be followed in the perspective of the international private law. Subsequently it puts forward the proposition that the law of the lessee domicile should be taken as the applicable law for the foreign related dispute of ship financing lease contract.