International Financial Leasing Analysis Of The Subject Matter Of The Back Of All Rights

Financing lease began since the fifties of the 20th century, swept across the financial circles of the global western developed country. As the important sign of the modern leasing industry, it has a great deal of unique trade characteristics . Concrete to reach legal field, unique trade to traditional the people challenge that commercial law commit change of legal relation characteristic bring these It has broken through the concept about such legal relations as ownership , guarantee , leasing , agent ,etc. of traditional commercial laws of the people , found out a kind of new-type special legal relation, compare with legal theory of other finance, the domestic and international research about the legal problem of international financing lease is still still not ripe.This text carries on research to the property protection problem by way of fetching and leasing the thing only to the owner in financing lease. The full text divides into three major parts altogether Chapter one a summary about relevant concepts of financing lease, introduce concept and characteristic and ownership issue , financing lease of subject matter of financing lease analyse between financing lease and ownership with method that compare and ordinary to lease with The difference having the right, thus point out the special nature of financing lease ownership . Chapter two a key part of this text, divide into six small matters altogether Section one fetch the origin of the right question in argumentation. Section two fetch the nature question of right. Section three in describe " owner of essence ",part basic principle in accordance with civil law for according to emphatically introduction last subject matter owner. Section four fetch the classification of right in introduction. I propose any view different from the past boldly in originally expounding the fact partly, display it in two respects: Have the right to fetch the owner who leases the subject matter and not merely limited to leasing the lesser in the relation, still include the supplier under the deal contract; Fetch the relief method to lease thing and does not restrict the lesser's right of fetching when the lessee is bankrupt in the traditional meaning , is it fetch right or go bankrupt right of fetching generally to claim , should include lesser when going bankrupt, the lesser fetches the relief which leases the thing while breaking a contract at all in the fetching the right, lessee of bankrupt caretaker, andbefore leasing things to hand over, the supplier whose ownership happens when not shifting yet fetches the right which leases the thing . Following odd mention other legal questions related to fetching right, including the relief, way and procedure fetched when can't exercise to fetch the right are required etc.. Chapter three China's financing lease to fetch the right legislation current situation and perfect.The characteristic of the writing of this text, make the foundation and run through the full text according to the basic principle of the civil law all the time, combine the bankruptcy law and legal provisions about breaking a contract of contract law at the same time . Combine the rational content in the legislative advantage of the main country of the world and " international financing lease convention ", legislate to ensure the entities of the owner's interests and procedure law to propose some suggestions to the current financing lease of China.