Research On The Issues Of Lease Item Ownership In Financial Lease

Financial lease refers to a lease that transfers all or most of the risks and rewards related to the ownership of an asset in substance. On the basis of the differentiation in the ownership of the lease item, financial lease break through the constraints of trading operation mode, quickly wins the unprecedented rapid development with its unique operating mechanism, competitive advantages and the important role, then will become the world’s most promising new industry.The ownership of the lease item is the guarantee of the leaser for the item understanding the whole system of the financial lease. Meanwhile, ownership differentiation as a basic idea of financial lease, determines the driving force for the economy and the rationality of the law that the financial lease brings in. Through the deep analysis of the rights and obligations of parties in the financial lease, it is clear that the differentiation in the ownership of the lease item finally weakens the property right of the leaser severely, even would strip the essence of the ownership, and only leaves the "outerwear". Aiming at above problems, the author analyzes the ownership of the lease item in the financial lease, tries to position its properties aright, and proposes some solutions for the problems.This essay is composed of three parts:introduction, body and conclusion. The body is the main part of the essay, is divided into five chapters. In the first part, elucidates legal characteristics of financial lease. In the second part, introduces various theories of the ownership of the lease item. In the third part, analyzes the nature of the ownership of the lease item. In the fourth part, explains the definition and the implementation way of the ownership of the lease item.