Right Protection For The Lessor Of Financial Leasing Contract

With the development of market-oriented economy, a novel trade form called financial leasing also has been boosted since1980s. As it has effective financial function, financial leasing becomes the second wildly used financing mode after capital loan. The relationship among the financial leasing is based on two contracts as well as three parties. One of the three parties is lessor, which is party for both sales contract and financial leasing contract, whose rights are easily violated. This thesis tries to regard legal relation as logical starting point, and then analyzes the rights and obligations of lessor. According to the special distribution mechanism of rights and obligations, the functions of lessor’s ownership is separated, which is the main reason for lessor’s rights violation. The thesis also lists certain situations that lessor’s rights easily violated, such as lessee breach of contract, change of right in rem, lessee bankrupt. Author tries to give suggestion for financial leasing legislation.Such thesis that has four parts, besides introduction and conclusion.In the first part, the author analyzes the legal relation, including the subject, object, content and the relationship between rights and obligations. Rights and obligations for the financial leasing are not one-to-one correspondence.In the second part, author analyzes the lessor’s right, including the root reason for lessor’s right violation, which is the separation of ownership’s function. After that, some certain situations are stated, like lessee breach of contract, change of right in rem, lessee bankrupt.In the third part, several measures are suggested. All of this measures base on Contract Law, Bankrupt Law and even International Finance Lease Convention.In the forth part, there are suggestions for financial leasing legislation. Actually, the thirteen acts in Contract Law are not enough, not to speak lessor’s rights protection. Therefore, author tried to give some suggestion to the Finance Lease Law, in order to protect lessor’s rights well.