Finance Leases Property Rights Law Research

The appearance of financial leasing is the result of western developed countries' financial innovation in 1950s, which deeply affected the world's economy and finance. As the important symbol of modern leasing, financial leasing has many trade characteristics which make it different from other forms of leasing, which, when applying to the legal field, constitute great challenges to the traditional theories of civil law and commercial law. Financial leasing has broken through the traditional concept of ownership, security, lease, agent, etc., and created a brand new legal relationship, which provides challengeable research subject for us.This paper focuses on the right in rem of the financial leasing. I have structured my paper of four parts:First part is "Brief Introduction of Financial Leasing", in which I have introduced the concept, characteristics and nature of financial leasing;Second part is "Right in rem in Financial Leasing and Relevant Analysis". This part is the core part of my paper together with Part Three. In this Part, I briefly introduced the traditional theory on right in rem, and deeply analyzed the rights in rem and those right similar to the rights in rem under the financial leasing structure;Third part is "Establishment of Right in rem Model of Financial Leasing". In this part, I first introduced and analyzed some theories in relation to the right in rem of financial leasing, and then established my own theory in this respect based on those existing theories. The establishment is shown by means of diagrammatic presentation.Fourth part is "Situation of Chinese Financial Leasing Legislation and Suggestion". In this part, I first introduced the financial leasing legislation in USA, Russia, Italy, Belgium, Germany, as well as the Unidroit Convention on International Financial Leasing, and then raised my own comments to and suggestion on China's financial leasing legislation.