Legal Protection Of The Lessor's Rights In Financal Leasing

In 1950s financial lease was initiated in USA and now has been widely exploited in many countries.It develops quickly and vigorously in western countries,and in 1981 it was introduced to our country.Financial leasing is a novel type of transaction with double function of financing and leasing is modern market economy.It is claim as sunrise industries by some western countries.In such transaction,the lessor enters into a supply agreement with the slupplier selected by the lessee and acquires the equipment specified by the lessee on terms approved by the lessee,and the lessor enters into a leasing agreement with the lessee and delivers the equipment to the lessee for the latter's use,and recovers its loans,interests and other expenses in the form of rentals in installments.It is ture that it has outgrown its telationships with its original transactions in many aspects.This transaction is characterized as long-term performance,leased equipment possessed by the lessee,and the leased equipment ordered as per the special requirements of the lessee, which make the rights of the lessor are most easily injured.The paper consists of three parts:the introduction,the main text and the concluding remarks.The main text in main part of the paper and is consisted of three chapters.The first chapter emphases on the meaning,features and types of internationall financial leasing issues,and understand the characteristics of financial leasing through the comparison of the meanings and types of financial leasing in different countries.It analyzes the various disputes about the contracts of international financial leasing and the corresponding measures taken for consequences beyond the terms and conditions in the contract,since the laws and regulations of international financial leasing are not perfect so as to provide the basis for the improvement of Chinese legislation on financial leasing.The second chapter mainly concerns the legal relationship of financial leasing and researches the rights and obligation which the three parties have.In order to emphasize the importance of protecting the lessor rights,I put the lessor on the dominate position in the relationship of Financial leasing.The third chaper analyses that the lessor rights and interests easily harmed in the lease contract,and gives some suggestions to improve the legislation of protecting the lessor's right in our financial leasing contract.There is no systematic and complete government legislation on "finance lease laws" in China and the relevant laws and policies are not coordinative and perfect.Therefore,it is necessary to have a constructive debate on international experience and the "Convention of international Financial leasing" of UNIDROIT,in order to promote and develop Chinese legislations.