The Research Of Less Or’s Exercising Recall Right In Finance Leasing

Financing lease is one of the most rapid development new service industry in theworld today, is also financing way only second to the credit in the world, is known asthe "sunrise industry" and the "facilitator of the new economy ". In China, Applicationof financing lease has been extended to the aviation, shipping, medical, engineeringmachinery, printing, and infrastructure construction and so on. After years ofdevelopment, many internationally accepted form of financing lease work successfulin China, and financing lease have played a positive role in promoting of China’sutilization of foreign capital, introduce advanced technology, open up new areas ofthe social investment, broaden the financing channels, etc.Compared with the developed countries, the financing lease in our country is stillin the stage of development, is still faced with many legal problems. In the practice offinancing lease, the lesser as the party which connect the supplier and the lessee, itsdevelopment is good or bad will even affect the development of China’s financeleasing, so countries legislation are emphasis on the protection of rights of the lesser.And in protecting the rights of the lesser, the exercise of the recall right is Paramount,recall exercise smoothly or not relationship with the ownership of the lesser in thelease item on realization as well as the risk faced by the size problem.Based on less or’s exercising recall right in Finance leasing as the research object.In the first chapter, first of all, define the concept of financing lease and lease financing lease item scope; Analyzed the financing lease in the nature of theownership, the nature of recall right. The second chapter is divided into two groups todiscuss situations, In addition, in this chapter analyzes the exercise of the recall andrecall exercise restrictions, etc. In the third chapter, through the above analysis of thefinancing lease in the recall right exercise, found in China and how to improve thedeficiency of the existing financing lease situations. Combining advantages oflegislation of major countries in the world, and the reasonable content of theconvention on the international financing lease in China’s current financial leasinglegislation to safeguard the interests of the owners of the entity and the procedural lawaspects put forward some suggestions.