Studies Of Several Legal Issues Of International Aviation Financial Lease

China introduced the leasing of business in 1980's.This practice is used widely in many industries with corresponding laws and regulations on the increase.This has impacted and broadened the research of this matter.Some scholars have looked into issues related to financing a lease,industry economics,and business administration.Financing lease business is becoming more prevalent in aviation.Contracts are being regulated through law so that stakeholders involved rights are protected.When an organization claims bankruptcy the smaller stakeholders generally suffer so their rights need to prioritize.Therefore the convention was issued to adjust finance lease law problems through the innovative system of "international interests".This is aimed at protecting the interests of the parties.The effectiveness of the contract of financial leasing,applying the law in the field of international aviation financing lease correctly and processing dispute of the aircraft financing lease accurately have important significance.Therefore,this dissertation begins with the characteristics of aircraft financing lease.The author will study the laws involved with international aviation when financing a lease.Then look at the legal implications for financing lease contract,bankruptcy law,international conventions,international interests and the various applicable laws.This dissertation is divided into five chapters,about 120000 words,besides preface and conclusion.The first chapter introduces the general problem of aircraft finance lease.It begins with the different definitions of financing lease,analyzes the different definitions in China and abroad.It continues by comparing the differences between operating lease and financing lease,and the basic problem in financing lease,rather than an operating lease and other general leasing.These factors will be traced by researching the legal foothold of the multiple convention and different laws on the international and domestic financing lease,and will put forward a legislative model.The second chapter discusses the issues in contract law of aircraft finance lease.Whether or not in academic circles or in practice,studying this problem will mention"contract,but the research angle is not entirely consistent.This part will first study the characteristics of the aircraft financing lease contract,and then compare the similarities and differences of the aviation financing lease's contract between Chinese and foreign companies.The effectiveness of the contract from the angle of registration and archival will also be discussed.The third chapter discusses the bankruptcy law of the aircraft finance lease.In practice,the smaller stakeholders is the most vulnerable when the parties fail.The question is how to protect the interests and focus on specific problems in a legal contract relationship.This process should be able to analyze and deliberate bankruptcy cases,protect the parties timely exercise of recall right,exercising the subject scope and limits of situations clearly,and then lastly relate laws and regulations from an international level,on a theoretical basis.The fourth chapter analyzes the problem of "international interests" which is an innovative system in the Cape Town convention when we protect the interests of the smaller stakeholders.The author begins with the definition of international interests,combined with the provisions of the convention,the composition of the interests of the international conditions,the effectiveness,transfer,and the right relief makes the problem more concrete and easy to understand.This then provides a more detailed microscopic analysis.The fifth chapter investigates the legal applicability of aircraft finance lease.This part is on the basis of the Blue Sky case in Britain in 2010.The author makes a comprehensive analysis of registration law in the field of international aviation financing lease and Lex Situs.The correct and most applicable law of the contract,points out that the traditional theory of conflict of laws is putting forward challenges and problems in this particular industry.The last part refines the legal issues in the international aviation financing lease.We can see from these different analyses in the industry that financing aircraft lease involves some complex legal matters but they can be solved effectively.The Contract content has differences and the effectiveness is unique,therefore,it is paramount to protect the rights and interests of the involved stakeholders.Hence,to properly apply the law must be combined with the advanced practice of the international convention.As a result we cannot just rely on the domestic relevant laws,regulations and other provisions.