In The Financing Lease Of A Bankruptcy Law Studies

Financial leasing is a new transaction after World War II. Both home and abroad,there is no mature legal research of financial leasing, even more rare study in thespecific corporate insolvency areas. In view of this problem, on the basis of a largenumber of domestic and foreign literature and other countries’ legislations, we try tostudy and explore in-depth in use of the theories and methods of Civil Law andBankruptcy Law, as well as combining practice. Hope this can provide somepossible programs for the resolution of practical problems and benefit our financialleasing legislation.This thesis has four parts. And the first part, it takes a brief about some basictheories of financial leasing insolvency. First, we delimitate the conception andfeature which has no uniform agreement. Then we introduce the difference betweenfinancial leasing and other traditional transactions. Second, we state the primarydefinition and system of insolvency. Then we conclude the financial leasinginsolvency needs to be regulated with special rules.The second part, it mainly states other countries’ insolvency legal system infinancial leasing, including America, Germany, Span and some Middle Asiacountries. This article not only has a simple statement for other countries for legalsystems but also compares them. Then we can find there are different handingsystems and value orientation for the same problem. This can be a reference fordesigning our insolvency legal system in financial leasing.The third part covers the legal matters which need to be settled in our financialleasing insolvency. First, from the legislative terms, we make a thorough review offinancial leasing insolvency regulations and comment on the comparative merits anddemerits. Then, from the judicial practice terms, this article explores legal issueswhich is about the lessor and the lessee are not fully performed their contract beforeexperiencing insolvency, including lease asset in lessor’s insolvency, insolvencymanagement and foreclosure right, domination for undue rental and so on.The last part is aimed at the construction of the system, providing a feasible planand solving problems in actual life. Per the basic principle of the Civil Law andBankruptcy Law, commined with the foreign countries’ legislative and judicialpractice, this part shows further recommendations for our current system. itrecommends us to improve the relevant laws regulations as soon as possible to clear the rights and duties on the one hand, and to establish the reserve system and otherrelated system on the other hand. So we can finish the confusion and standardize thepractice of financial leasing, guide it on the rail, achieve rapid and healthydevelopment of economy and society finally.