船舶融资租赁出租人之特殊风险研究——以船舶优先权风险为视角

Special risk prevention for lessors of ship finance lease——from the risk of maritime lien

船舶融资租赁是实现船舶融资的重要途径,也是对接金融机构与航运公司的桥梁。然而,由于相关法律的缺失,船舶融资租赁下的出租人往往面临诸多风险,不利于船舶融资租赁业的开展,并间接影响到航运业的发展。针对这一现实问题,以船舶优先权风险为切入点,在分析各种融资租赁模式和中国相关立法现状的基础上,通过选择合适的融资租赁模式、完善船舶融资租赁相关立法,进而提出降低、防范出租人风险的建议。

The ship’s financial lease is an important way to raise ship finance and a bridge between financial institutions and shipping companies. However, due to the absence of relevant laws,the lessors under ship finance lease often face many risks, which is not conductive to the development of ship finance lease business and indirectly affects the development of shipping industry. Targeting this realistic problem, taking the risk of maritime lien as the entry point, and based on the analysis of various financial leasing models and the current situation of the relevant legislation in China, this paper puts forward some suggestions on the selection of the appropriate financial leasing models, improving the legislation relating to ship financial leasing, and reducing the risk of lessors.