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Finance Lease In The Lessor's Rights Protection

Posted on:2012-10-03Degree:MasterType:Thesis
Country:ChinaCandidate:Y HuFull Text:PDF
GTID:2166330335468864Subject:Law
Abstract/Summary:PDF Full Text Request
With the development of the modern market economy Finance lease is created as a new form of lease transactions, because they have strong financing capabilities, making it the second largest after the bank credit financing, the nations of the West and was person called a "sunrise industry." Transactions in the finance lease, the lessor under the lessee's requirements and conditions, and the seller entered into a contract for the sale and lease by the lessee to use within a certain period, the lessor by the lessee to pay rent. Generated from this system just fifty years since, the finance lease in the capital market with its more traditional financing methods are unique and important role in the competitive advantage gained unprecedented rapid growth of 30% annually, the world today the most momentum of the emerging industries. In China, with the development of market economy, finance leasing is becoming an important economic life means of financing, finance lease transactions in the form of the introduction of over twenty years of history, and received a significant development, but in practice there a lot of problems, lack of protection for the rights of the lessor is one important aspect of the problem and a serious impediment to the development of financial leasing industry in view of this, this financing lease contract the lessor of the right to protection of a study to establish a set of effective rights protection system, the lessor to provide a reference for ideas.The essay is divided into four parts.The first part is the definition of financial leasing contracts and legal characterization. Analysis of the concept of the relationship between finance leases and finance lease contracts and the characteristics of the concept, nature and characteristics.The second part in the financial leasing contract the lessor risks. Introduced financial lessors face major risks, including:the seller breach of contract, default by the lessee, the lessee bankruptcy and a change in rental property, and several other aspects.The third part is the protection of financial leasing contract the lessor the right approach. This part of the seller, respectively, breach of contract, default by the lessee, the lessee bankruptcy cases, the lessor can take relief measures were introduced.The fourth part of financial leasing legislation, proposals for protecting the rights of the lessor. First introduced the legislation on the finance lease of the existing legislation that protects the rights status of the lessor, and on this basis, analysis of the shortcomings of the existing legal provisions. Then focus on credit risk from the lessor relief, risk relief and finance lease property industry and other aspects of the macro environment to strengthen the protection of the rights of the lessor finance lease proposal.
Keywords/Search Tags:Finance lease, lessor, risk, protection
PDF Full Text Request
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