The Study On The Protection Of The Lessor’s Rights In The Financial Leasing Contract

Since China’s reform and opening up, with the rapid development of economy, Chinese and foreign economic and technological cooperation and exchanges also gradually strengthened. In the process of exchanges and cooperation, in order to open up new channels of using foreign capital, absorption and the introduction of foreign advanced technology and equipment, the financing lease industry in China is gradually developed. However, in the process of development, all sorts of problems increasingly appear in our country financing leasing. The most serious problem is how to protect the lessor’s rights. This is because, the lessor plays an important role in the lease financing activity. He needs to sign a sales contract with the supplier, and he also needs to sign a lease contract with the lessee. And the two contracts are connected to each other, and influence each other, therefore, the rights of the lessor in the financing lease transactions are likely to damage from both the supplier and the lessee. Although the lessor has the ownership of the lease item, but for the lease item’s possess, use and part of the usufruct, the lessor does not have, and the lessee enjoys, namely in the financing lease, one of the parties can’t enjoy the ownership of the lease item at the same time and the right of use. Therefore, in the financing lease is prone to all kinds of problems, the most typical is the lease item was the third person in good faith. In the financing lease, the lessor’s contribution is the largest, and the risk is also the largest, but the legal terms to protect the lessor’s right are less. Therefore, the author believes that it is necessary to strengthen the protection of the lessor’s legal rights. Safeguard the rights of the lessor has very important significance, not only can maintain the transaction security, promote the development of financial leasing industry and even the entire social economy, but also can make full use of the idle fund. This article through to the lessor’s rights were analyzed, and found that the current law to the deficiency of the lessor’s rights protection, and has put forward to protect the rights of the lessor according to the legislative proposals.This paper consists of introduction, body (three parts), conclusion of three parts. Of the points mentioned below:The introduction part in this paper mainly introduce the background and the significance of writing.The text first introduced the present situation and problems of the rights of financial leasing contract the lessor. Its priorities include the following two aspects, one is the financing lease contract made a brief analysis of the rights of the lessor, secondly introduces the current legislation on the provisions of the contract for financial leasing. Based on the analysis of the legislation of financial leasing contract, we can find that our contract for financial leasing legislation is not perfect, and the lack of legislation to protect the lessor’s rights.The second part mainly analyzes the risk types that lessor’s right faced with. The lessor’s rights mainly face the following aspects of risk, including the seller and the lessee default, change of property rights of the lease item, the lessee bankruptcy, etc. Only by concluding the risk of the lessor’s rights can we seek better way to protect the rights of the lessor.The third part for the second part of the lessor’s rights risks, at the same time of draw lessons from international experience, seeking for the lessor’s rights remedy of our country. In this proposed the lessor option and its exercise, to set up the lease registration system, improve the system of bankruptcy recall right and legislative Suggestions such as introducing the insurance system of hope for the future in the lessor’s rights protection legislation to provide some reference.