| In the financial leasing has been developed rapidly in our country since 1980s. It penetrates into all walks of life, to seek the solution for the small and medium sized enterprises that lack of capital. In recent years, as a new development of the automotive industry, but also the emergence of financial leasing. Car sales companies see the advantages and prospects of the financing lease industry, that is, the financing lease does not require the lessee to pay the purchase price will be able to obtain equipment, the use of the right, so that buyers choose to purchase freight cars and car manufacturers signed a financing lease contract to obtain freight cars, freight car buyers will become a financing lease. In the financing lease contract signed in the process, and the lessee to negotiate the has been and only car sales company, but car sales company does not become the main body of the financing lease contract, but by finance companies and car sales company signed the contract of assignment of the obligee’s right and obtain financing lease contract rights and obligations. Finance Companies unilaterally will finance lease contract rights transfer to the car sales company, once the car buyers (that is, the lessee) is not in accordance with the financing lease contract payment of rent, car sales company to the creditor’s rights transfer contract Sue car buyers, ask its support Fu Zujin, liquidated damages or return the lease. Financing lease contract arises mostly because the lessee fails to fulfill the obligation to pay the rent in accordance with the stipulations of the contract disputes, so in order to prevent by the lessee default caused by loss of the lessor, so to the lessor protection countrywas and the provisions of the law is complete, but in the financing lease contract for the transfer of the lessee and rental of the human rights and obligations to protect the lack of the provisions of the relevant laws and regulations, which makes more and more automobile sales company using this there is no risk of financing lease model car sales. In judicial practice, the validity of the contract of assignment of creditor’s rights has become the center of gravity of the whole trial, the lessee’s right to protect the car sales company, a serious imbalance in the Finance Companies. This paper mainly in the process of the transfer of the financing lease contract, the lessee in the financing lease contract to enjoy the right of the study object, through the transfer of financing lease the lessee’s right to achieve what kind of obstacles to the analysis, in order to achieve a clear lessee’s rights and obligations, and the transfer of creditor’s rights, the sale of the company’s claims, and to regulate the car sales market, improve the protection of the rights of the lessee. The full text is divided into the following parts. The introduction part is about the lack of the lessee’s right protection in the transfer of the financing lease contract, and reveals the significance and value of this study. A summary of the financing lease contract; through the analysis of the specific cases, this part discusses how to identify the transfer and the validity of the financing lease contract, and to reveal the problems in the judicial practice. Two, the obstacle of the lessee’s right to realize the transfer of the financing lease contract; this part reveals the value of the research on the value of the transfer of the lease contract, the effect of the right of the lessee. Three. The perfection of the protection system of the right of the lessee in the transfer of the lease contract. In view of the second part of the financing lease contract transfer of the right to achieve the obstacle to the realization of the system to improve the program, in order to achieve the transfer of lease contract, the lessee’s right to fill in the gap, and the right to meet the balance between the people and the lessee to promote the financial leasing industry and the automotive industry’s healthy and sustainable development. |
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