Protection Of The Lessor’s Rights In Finance Lease Contracts

Financing lease is a word "financial leasing" translation, is a kind of both the dualfunctions of financing and melting model transactions under the condition of modern marketeconomy. In such transactions, by the lessor according to the lessee the lease object and thespecific requirements of the supplier selection, financed the purchase of the lease object to thesupplier, and leased to the lessee, the lessee is staging paying rent to the lessor, the lease termlease object which has the right to all belong to the lessor, the lessee has the right to use theleased object. The expiration of the lease, the rent is paid off and the lessee in accordance withthe provisions of the financing lease contract to fulfill all the obligations, the ownership of theleased property is not agreed or the agreement is not clear, can be supplemented, fail to reacha supplementary agreement, determined in accordance with the relevant provisions of thecontract or transaction practices, still cannot be determined, the lease object ownership shallbelong to the lessor all. Therefore, the lessor and the most easily in the financial leasingtransaction three party damage.Financing lease business in the international has been the development of moredeveloped countries, have formulated relevant laws to the planning and control of it, but theprotection of the right to rent in the financing lease contract people still had the insufficiency.With the development of the financial leasing industry in China develops rapidly, thefinancing lease contract disputes are inevitable. On Civil and commercial law, can solve theproblem of financing lease contract, depending on whether the law can clearly define thefinancing lease, and the three party’s rights and obligations to clear. Although China’s"contract law" in the "financing lease contract" in the provisions, but the legislation on thefinancing lease rental rights or not, at the same time, China’s legal circles on the research andDiscussion on the financing lease rental rights protection is not fully developed, these areserious constraints of financing leasing industry in china. So, to study the financing leasecontract, the financing lease have important legal value in the development of our country.This paper is divided into five parts, the first part is the theory analysis about theproblems of financial leasing contract rights protection, the second part to the fifth part of the lessor to fulfill four major problems faced in the course of the contract: the lessee fails to paythe rent, no break system, the lessee has no right to dispose the lease and upon expiration ofthe leasehold disposal problems, analysis and research from the perspective of theory andpractice, put forward my own thinking, financial leasing legislation construction are proposed.