Research On The Liability For Breach Of Contract In Financial Leasing Contract

Currently facing our country small and medium-sized enterprises financing difficult question. Support small and medium-sized enterprise financing, the financing lease financing is increasingly play an important role. Along with the rapid growth of the financing lease contract on the amount, financing lease contract dispute present high-risk situation, through combing the people’s court about the financing lease contract dispute cases in recent years, can be found that hearing the dispute focus on the financing lease contract liability for breach of contract. Study good liability for breach of contract for financial leasing, financing lease industry development is of great significance to reasonable norms. This text set about from financing lease transactions and the judicial practice, and then to the financing lease contract obligations and benefits as the center of the financing lease contract defining the responsibility of breach of contract, finally from the experience of extraterritorial law of perfecting our country’s law on the liability for breach of contract for financial leasing system put forward some Suggestions.This article is divided into four parts. Summary of the first part of the financing lease contract liability for breach of contract, the first from the view of the particularity of financing lease paper expounds the influence of this kind of particularity of the liability for breach of contract, it is concluded that the actual performance as bear the way of financing lease liability for breach of contract ratio is low, the compensation for the damage to the termination of the contract the responsibility of breach of contract in the way with other have a quite different liability for breach of contract, contract main body particularity also leads to the particularity of the default liability exists particularity, object leads to the default liability involves the tripartite main body, strictly limit the lessee midway termination will also lead to controversial conclusion penalty due to breach of contract terms and conditions apply. Then common twelve to practice summarizes, the financing lease contract breach according to these defaults, sums up the practice of the communist party of China have five relief way, and then by analyzing related cases in recent years our country court, points out that judicial practice mainly exist outstanding rent should pay penalty due to breach of contract, breach of contract should deduct deposit, computational base of damages of five aspects, such as the scope of the problem, and then are put forward for the above problems in the judicial practice to the problem caused by the lessor for equipment delivery default, priority in accordance with the contract, the lessee not rent overdue payment occurs, the judicial organs should strictly limit the lessor according to the disturbing performance against the lessee, the terminate the contract, the scope of damages, as in the case of no agreement directly to the actuators are determined by auction, rather than at the time of trial into consideration, the computational cardinal number of penalty due to breach of contract, in the absence of an agreed, suggest to all without paying the rent minus the first deposit as the calculation base, for the outstanding rent, response may be calculated for penalty due to breach of contract, etc. The second part is the definition of financial leasing contract liability for breach of contract, first of all, the author points out that the financing lease liability for breach of contract is a typical fault liability principle and the principle of strict liability imputation principle of mixed. Second to the financing lease contract obligations and accompanying obligations are expounded respectively, and discusses the relationship between the contractual obligation and liability for breach of contract, and then offered to actual performance, damage compensation, three typical default relief as the center to the termination of the contract liability for breach of contract relief way and the relationship between the financing lease contract liability for breach of contract, finally compares the financing lease item the relationship between the tort liability and liability for breach of contract. The third part mainly through using the method on the outside of the financing lease contract default system, puts forward five aspects consummates our country law liability for breach of contract for financial leasing system suggestion. That one should abandon the narrow is the contract relativity principle, the business contract and the contract for financial leasing highly fuses in together, the second is the lessor of the lease item recall more specific provision, the third is on the premise of the lessor frequently to check the equipment status in law, the provisions of the unity of the financing lease registration system, four is directly to the lessee the right to claim to the seller,5 is the lessor in the need to give the lessee a default prior to the termination of the contract remedy, six is the scope of damages to the termination of the contract. The fourth part is conclusion, summing up the article’s main research focus.