A Preliminary Study On The Legal Problems Of Aircraft Finance Leasing In China

In the financial area, financial leasing is a new thing. After the World War II, to meet the demand of the financial market, a new kind of independent transaction based on the leasing and sale came into being. For airlines, they often chose the financial leasing as one of the main methods to get aircraft. Therefore, to study legal issues of aircraft financial leasing is of great realistic significance.Based on civil and commercial law and Convention on International Financial Leasing, this dissertation carefully analyses the important contracts involved in the aircraft financial leasing and the supervision issues.Chapter one firstly introduces the aircraft financial leasing. It analysis the concept and the characteristics of the financial leasing. Then, it introduces the aircraft financial leasing’s notion, features and contract system. At last, it introduces the transaction mode of the aircraft financial leasing in developed countries and the aircraft financial leasing in our country.In chapter two, it deeply analysis the aircraft financial leasing contract for sale including the subject and object of the aircraft purchase, the rights and obligations of the two parties as well as the entry into force, invalidity and termination of the contract. At last, it discusses the contract risks and corresponding countermeasures in the performance of the contract and problems in the relevant legislation and recommendations.Chapter three describes the leasing contract of the aircraft financial leasing. It analyses the legal relations of the leasing contract, including the subject and object, rights and obligations, along with the entry into force of the contract, invalidity and termination. Finally, it in-depth analysis the possible risks and prevention measures in the contract, as well as problems in the legislation and recommendations.Chapter four gives a simple introduction of the aircraft financial leasing about the guarantees in the leasing relations and the financing relations. Then, it focuses on the warrandice and the pledge guarantee in the leasing relations, including the establishment, effectiveness and elimination of the guarantee.Chapter Five describes the regulation of aircraft financial leasing, including the objects of supervision, the regulator and regulatory problems and solutions.The aircraft financial leasing is complex and is involved with so many legal problems. As a result, we should base on the concrete legal systems, strengthen every part of coordination and cooperation, and construct legal system of aircraft financing leasing in our country, so that we can promote the development of the aircraft financial leasing of our country.