Study Of International Finance Leases In The Bankruptcy Law

Financial leasing originates from America in the 50s', and has become one of the five financial basements and the other four are banking, insurance, entrusting and security. With the continuous development of International trade, International financial leasing originated and became one of the most important financing manners in the world.This thesis includes five parts. Part one gives a brief about International financial leasing and the insolvency in the International financial leasing situation. The definition of International financial leasing is made and its features explained. The features of International financial leasing contribute a lot to the risk that both the lesser and the lessee have to face, to the complexity of the insolvency in the International financial leasing situation. Part two covers some legal issues relating to the lessee's insolvency in the International financial leasing situation. Discusses mainly focus on a) the effect of the dissolving clause made by the lesser and the lessee, b) the range of the wealth of bankruptcy consortium, c) the nature, priority, mode and registration of the lessor's recall right, and the liquidation affairs concerned. Part three crosses some legal issues relating to the lessee's insolvency in the International financial leasing situation. It includes three sections: a) restriction against the trustee's option of the cancellation of the contract, b) wealth of bankruptcy consortium, c) advantages of the securitization of rental debt. Part four mainly deals with the application of law concerning insolvency in the International financial leasing situation. Here stands some of my opinions about the definition of the rental debt, whether or not the rent belonging to the consortium and else. Part five describes the present status and development of the legislation surrounding the insolvency in the International financial leasing situation. Considering the practice and study of other countries, such as America, Japan and Korea, we get some useful guidance for our own strive.