The Study On Contracts For Financial Lease

Financial lease is the product of the modern lease, which promotes the development of modern economy by making funds and chattels circulate. The financial lease contract is an important means of financial lease, which has been provided for by the Contract Law of People's Republic of China but is still imperfect and necessary to be perfected. The thesis studies on the contract for financial lease and first analyzes its concept, characters and legal nature and makes it clear that the contract for financial lease is a dependent contract in name; by exploring legal values of the financial lease system, the thesis points out its juristic basis. By using the methods of historical analysis and comparative analysis it expounds the emergence, the development and the causes of financial lease. In the part of the establishing and becoming effective of financial lease contracts it expounds some special problems. The effect of financial lease contracts includes inward effect and outward effect. The inward effect refers to the rights and duties of the lessor and the lessee. The outward effect is the antagonistic effect of lease and the lessee's right for claims on the third party. The legal result of the termination of contracts for financial lease mainly expounds the lessor's ordinary right for taking back his property and the agreement of the bilateral parties about the ownership of lease. In the end, it puts forward the perfection suggestions of the legislation of contracts for financial lease.