A Financial Leasing Contract Content Specificity And The Liability For Breach Of Contract Research

Financial Leasing is an innovation that combines Financing with lease. It is very important for promoting the economy. However, there are kinds of dispute in a financial leasing contract in practice. It often happens in a financial leasing contract that the parties break the contract. The particularity of this transaction and the shortcoming of the law relating to it are the main reasons, which are fully researched before. This article tries to get the viewpoint about the specificity in content of a financial leasing contract by compilation and comparation. It will focus on analysis of the parties’rights and obligations, the different forms of breach and the relative remedies.In addition, the innovation brings more complex finance forms. It will cause new problems definitely. This article tries to explore the specificity in content of a financial leasing contract and the applicability of those specific remedies for breach. Basing on it, the article analyzes the development and forms of financial leasing. It also discuss the possibly breach forms in the contract and the different ways to solve it. It may be helpful to the legislation about financial leasing.The main text is main part of the paper and is consisted of four chapters. The first chapter is divided into two sections. The first one introduces the origin and development of financial leasing and several modes of trade of financial leasing, then definitudes the object of this research note. The second section compares and reviews the laws of different countries, makes a judge to the blur understanding of the concept of financial leasing, clarifies the separate relation between the leasing contract and the supply contract, and expounds the two points of financial character of financial leasing.The second chapter is consisted of two sections. The two sections aim at the angle of lessor and lessee. This chapter is based on the contract law of our country, the international convention on financial leasing and the practice. This chapter introduces wholly the efficiency structure of the contract for financial leasing, and analyses the main rights and duties of the parties of contract. The third chapter is divided into two sections, this chapter is based on the efficacity structure which is discussed in the second chapter. This chapter analyses the legal character of the contract for financial leasing. The logical thinking which is embodied in this chapter is from concrete to general. The first section introduces four representative doctrines and comments the advantages and disadvantages of each doctrine. The second section adopts the theory relating to non-typical contract and discusses several forms of contract for financial leasing, then gets an elementary conclusion that the character of the contract is quasi-mixed contract, then puts forward the principal of resolving the mixed factors conflict, and educes the rule of the application of the law.The forth chapter is also separated into two sections. The first one makes a brief comment on the regulations of contract for financial leasing which is prescribed in the contract law. The section proposes two aspects of suggestions against the shortages of the current contract law:the first one is to prescribe the rule that the renter is forbidden to cancel the contract midway. The second one is to discuss how to form the base of renter’s right of claim to seller. The perfection of these two aspects is necessary to balance the interests of the parties of the contract for financial leasing.