A Study On The Interest Protection Of The Lessee Under Financial Leasing

As a new way of leasing, financing lease has now become an integral part of theworld economic development. As capital and industrial links, financing leasetransactions in the present economic domain, step beyond the traditional rentalmarket position, sit on the lease industry first. As a new leasing mode, financinglease in each country, each region will adjust measures to local conditions, includingthe form, law, etc., also showed different characteristics.Through the study in this paper, the research can get the following conclusion:(1) The contract for financial leasing as a way of cooperation of lease, to acertain extent, can reflect the general legal relationship constraints, but has theparticularity; the main features include the complexity and dissymmetry.(2) Through the obstacles when exercising back right lessor interests protectionproblem of research, can be found that the lessor back right exercise barriers mainlyfor two aspects: first, the right to withdraw the guarantee function is difficult to play;Second, the appended to make back right difficult to achieve. On this, this articlefrom the used equipment market and the current law and guarantee the rights of thelessor, recover the right alternative mechanisms for the ship-owners’ rights guaranteeof the corresponding protection measures are put forward.(3) The interests of the ship-owners against a third person in good protectionstudy, based on the lessee has no right to dispose the lease to produce a variety ofreasons in the process of analysis, on the basis of summarizing the commonsituations of this kind of phenomenon and its harm, and the risk is analyzed anddiscussed. On the safeguard measures that the ownership of the lease item at thesame time, the establishment of a finance lease registration publicity system andfinance leaseback lease contract is on the solution of the problem related to the new thoughts and ideas.(4) To the bankrupt when the lessor interests protection problem research,differences between old and new bankruptcy law are summarized, and based on theprovisions of the bankruptcy law is pointed out that the ship owners’ interestsprotection in the process of financing lease.In this paper, the research aims at the existing laws and regulations under thecondition of lack of financing lease protection of the rights and interests of theship-owner to provide theoretical analysis basis and corresponding practice reference.At the same time, the research of this paper to the health of the financing leasebusiness in our country sustainable development provides the corresponding legaltheory analysis results.