Study On Several Legal Problems Of International Financial Leasing

As a new and independent type of transaction, financial leasing was first developed in USA after WWII from lease and sale, the purpose of which was to provide capital for enterprises short of capital. Developing from traditional lease and sale, financial leasing therefore bears some features of lease and sale, but it is not a simple combination of the two and it must have its own legal features. In this dissertation, the author makes a comparative study on some legal aspects of international financial leasing.This dissertation consists of four chapters. Chapter one is a general introduction to financial leasing, in which the author discusses the definition, legal nature and features of financial leasing. Moreover, the author defines the nature of "international" in "international financial leasing" as different business sites of both the leasor and leasee in different countries. In Chapter two the author probes into the various manifestations of breaches of contract by both the leasor and the leasee in financial leasing on the basis of a careful analysis of the regulations in both Anglo-American law system and the civil law system, CISG and Unidroit Principles of International Commercial contracts as well as our country's law. In Chapter three the author studies the respective legal problems concerning bankruptcy of both the leasor and the leasee, including the leaser's right to take back the leased assets. The last chapter is the conclusion of this dissertation , in which the author , on the basis of the first three chapters, puts forward his suggestions on the perfection of our country's financial leasing law and thinks that a financial leasing law be passed to regulate both parties' conducts in the transaction and the whole transaction of the leasor should be supervised by a uniform government organism.