Abstract:
The ship financial leasing registration has long been in the dilemma of absence of laws and regulations, and the existing mode of application of bareboat charter registration as reference and the new trial mode in the free trade zones have many structural defects. By absorbing the spirit of functionalism, the Civil Code specifies that finance leases are “functionalized” as special and atypical real rights for security, and apply to the registration confrontation effectiveness and priority rules applicable to general chattel mortgage. However, the existing ship-related property right registration system adheres to the formalistic right publicity system, and there is a relatively significant institutional tension between the current ship-related property right registration system and the provisions of the Civil Code, which is reflected in three aspects, i.e. the content to be publicized, the procedure of publicity and the effectiveness of confrontation. The ship financial leasing registration system shall be systematically constructed, and take the ownership of the lessor as the content to be publicized, integrate the advanced experience in the general chattel mortgage registration system in terms of registration procedures, and construct the effectiveness of registration confrontation based on the model of ship mortgage. At present, Paragraph 2 of Article 8 of the revised Maritime Law adopted on October 28, 2025 has introduced the provisions on the registration of ship financial leasing, but this paragraph does not break through the traditional formalist registration approach to registration. Therefore, it is suggested that an improved systematic registration system for ship financial leasing be established by revising the Regulations on Vessel Registration and other lower-level laws, to organically integrate the spirit of functionalism and the inherent formalism of the maritime law.