| As the key part in international financing leasing trade, international financial leasing contract is the most important legal document which reflecting the special method of this new business and defining the rights of each party as well as duties. Being a new type contract, international financial leasing contract has manifested its own legal features. This dissertation will discuss several legal problems in order that it might be helpful to the further development of international financing leasing. The dissertation is composed of three parts: foreword. text and conclusion. The text is divided into four chapters. The whole dissertation counts up to forty thousand words or so. In the foreword part, the author shows the growth and development of the modern leasing industry and introduces the present situation in China, pointing out that international financial leasing contract has an important meaning for the development of the financing lease business of our country. How to define international financial leasing is controversial. The author considers the trade is international financial leasing only if any one party of lessor, lessee and supplier is out of the boundary. As an agreement of international financial leasing, the definition of the contract varies according to the different situations. The broad definition of the contract includes the supply agreement and the leasing contract, while the narrow definition only refers to the leasing contract. And the latter definition is the right conception discussed in the dissertation.Chapter Two analyses the legal nature of the international financial leasing contract. The extraordinary relationship between the leasing contract and the supply contract breaches the theory of "relativity of the contract" and is important to the whole trade. The writer contract is requested and consequently the contract has different types and with formatted clauses.Chapter Three discusses the legal problems relating to the bargaining of international financial leasing trade, including:The leased asset These provisions play an important role in the contract. The author considers to broad the scope of assets to some consume products. The ownership of the asset is divided into legal ownership and economic ownership, which creates good effect. The author doubts the mortagage of the asset and gives a suggestion that we may regard the acquiring of the rental as a right that can be pledged. The rental should offset the cost of the leased asset. the method of payment includes domestic currency, foreign exchange, as well as some products. The author also lays emphasis on the "hell or high water clause".Warranty clause and transfer the right of claim. It is necessary to lessor to hold the warranty that he should not be responsible for the quality of the asset. But the lessor does hold responsibility for the defect of title and rights of the asset. The right of claim for the compensation shall transfer from the lessor to the lessee due to the warranty clause shared by the lessor. But such transfer has its limitation and we do better regard it as a fact that the lessee should hold the right of the asset as if he were a party of the supply contract.In international financial leasing contract, the lessee is often prohibited from canceling the contract before the end of leasing term. This clause is required by the nature of the trade and most countries stipulate such regulations by legislation. But as the conditions is changing, the absoluteness of this clause is gradually released Chapter Five focuses on other problems including:The acknowledgement of the parties. There is a strict limitation of qualification of the parties so we should make sure that if any party fits the qualification.The tariff and tax. The laws in China doesn't stipulate the tariff of the leased asset clearly. It needs to be improved. The rules of calculating the tariff is unreasonable and is not helpful to the development of international financial leasing business. The lessee's bur... |
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