Analysis On The Rights And Obligations Of Financial Leasing In Repayment Contract

Financial Leasing, known as the "sunrise industry" with broad marketing prospect, lists only after the bank credit as the world’s second popular financial instrument.In the process of establishing the economic, financial, trade and shipping center in Shanghai, Financial Leasing has become an important bridge to communicate with the three major industries of finance, trade and shipping, and the development of the Financial Leasing industry strongly enhances radiation capacity of the economy and industry gathering in Shanghai. However, the contradiction between the rapid development of the Financial Leasing industry and the relevant lagging behind laws and regulations has become increasingly prominent, which leads to many practical issues when making the trial of the complicated Financial Leasing cases. This thesis will discuss one of the complicated types of the Financial Leasing cases these years in the courts in Shanghai, which is Financial Leasing with buy-back contracts, on the basis of the integrated use of the overseas judicial experience, international treaties, domestic typical cases, to analyze the law application, and tease out a number of pointed and applicable trial thoughts, and finally make some suggestions from the legislative and judicial level.