中国海事Issue(7)：38-41,4.
论船舶融资租赁出租人特殊风险之防范--以对租赁物的强制措施为视角
On the Prevention of the Special Risks for the Leasers in Ship Financial Leasing-From the Angle of the Coercive Measures over the Leasehold
摘要
Abstract
The provisions of the Maritime Law on maritime liens and possessory lien bring special risks to ship financial leasers due to the special legal system for ships. To avoid such risks, we should start from the general civil property preservation measures or maritime claim coercive measures adopted for ships as the leasehold. As for the measures to be adopted, there is no final conclusion in both practical and theoretical field. The legal issue involving major argument lies in whether the party concerned is entitled to apply for coercive measures taken over ships with the ownership of itself. The paper suggests that the ship financial leasers should request the court to detain related certificates with the leasehold as the guarantee property for property preservation claims or maritime preservation claims, in order to prevent the risk of leasehold being sold at auction and changed in property.关键词
船舶/融资租赁/风险/强制措施Key words
Ship/financial lease/risk/coercive measure分类
交通工程引用本文复制引用
张颉..论船舶融资租赁出租人特殊风险之防范--以对租赁物的强制措施为视角[J].中国海事,2015,(7):38-41,4.
