International Finance Leases, Ownership Of A Number Of Legal Issues Research

As a novel pattern of transaction, financial leasing is based on lease and sale. While it is true that transaction of this kind presents the constituent elements of sale and lease, it is equally true that it has outgrown its relationships with its original transactions in many aspects, and has manifested its own legal features. In other countries as well as China, there seems to be a lack for the perfect legal regulations of the financial leasing transaction. Therefore researching into legal issues of financial leasing is of great significance to our country.In Chapter I of this thesis, we will discuss the historical development and the status of modern financial leasing mechanism, analysis is made on its character and definition, distinguishing it from other legal relations. The thesis aims at offering a better understanding of this new business and intending to resolve the legal issues in international financial leasing.Separation of the rights, especially of the proprietary rights, is a prerequisite precedent to a occurring of financial leasing transaction. In Chapter II, we focus on the form of expression of the proprietary rights' separation, and how it returns to its original shape. The importance of proprietary right is greatly emphasized in this chapter. Proprietary right plays a very important role in research on issues relating to property right, but if it has the dominant influence on the property right when it is in financial leasing just like in other common legal relations? Chapter III demonstrates the weakening tendency and concrete displaying of the proprietary right when it's in financial leasing relationship. To be a core of the proprietary right, its limitations on financial leasing are likewise discussed in this chapter.The essential point in Chapter IV is the conflict between proprietary right and other rights in a financial leasing transaction, the handling principle and approach also are researched here.