Subject Of Independence Of Financial Leasing Contract

Financial leasing is a product of modern rental, originated in the 1950 s in the United States. The initial Financial leasing transactions exist equipment users, leasing companies, manufacturers three parties, including users and equipment leasing company signed a lease contract, the company signed a lease contract for the sale and manufacturer of the device according to the needs of the user. This three parties, two types of contracts trading patterns to become the most typical finance lease transaction mode. With the development of Financial leasing transactions subsequent practice, derived from a variety of financing methods such as lease-leaseback, leasing firms, leveraged leases and other new trading patterns, and the lessor’s premise lease financing is no longer limited by the need to take ownership of the sale way, but also can lease financing through leasing, mortgage and other means. But our understanding of the legal relationship between finance leases still remain at the level of a typical finance lease transaction mode, the current legislation is not clear, the theoretical study on the connotation and denotation finance lease contract dispute is still very great, in fact, constitutes a financial leasing contract independence questioned, also causing a variety of new finance leases practice trading patterns on the legal characterization of risk.Our scholars there has been a Financial leasing contract is structured, "said the second contract," or as "a contract saying" controversy, the core issue is the relationship between the two types of typical finance lease transaction contract. Through analysis showed that the sales contract and the "lease contract" mutually implicated in functionality, benefits the seller, lessor, lessee contracts to form a whole, but the contract with a contractual relationship between the interests of the formation is still slightly compared loose. The sale and the "lease contract" is not losing itself "personality", and the presence or dependent or interdependent relationship between the party, in line with the constituent elements of the contract between the two simultaneous relationship between the sale and the "lease contract" between the Contracts should be simultaneous. Through investigation and comparative law, although national legal traditions, the development of financial leasing understanding and practice of finance lease transactions, but this conclusion is the same: financial leasing contract shall be first and foremost a lease, the parties are limited to rental Man and lessee. Finance leasing transaction is a contract group, may be accompanied by the sale, sublease contract, the loan contract before but always at the heart finance lease contracts dominance.And benefits from the rights and obligations of the parties, and the distribution of the burden of risk to try to analyze the relationship between financial leasing contract law, can be found only on the basis of the performance of the external legal form does not adequately reflect the unique characteristics of financial leasing contracts, the need to consider from the perspective of economic substance particularity of finance lease contracts. Therefore, from a legal form, "melts" the performance characteristics of financial leasing contract for financial leasing contract is a bilateral contract entered into by the lessor and the lessee desirable; from the "financing" is essentially characterized by economic, financial leasing contract that the lessor have financier position. Moreover, financial leasing contracts in the financial product(lease) is occupied by the first one of the main features of the financing for the financial product(rental) services. Awareness about the legal nature of finance lease contracts have installment sale contract that special lease that says money lending contract, Secured Transactions that said, such as independent contractors. While special lease say more in line with the nature of financial leasing contract, but recognizes the specificity of its financial leasing contract with the general lease contract is better recognize its independence. Finance lease contract to become an independent contractor for a class, with the following characteristics: the typical morphology of financial leasing contract is the lessor in the manner provided to a third party to purchase a specific lease for the lessee. The unique characteristics of financial leasing contract is a means of financing to achieve melts, melts is the first major feature, financing and services for financial matter, the actual status of the lessor’s financiers financial leasing contract determines the allocation of specific interests of the parties and risk burden rules.Leaseback is a Financial leasing transaction in an atypical form of the lessee and the seller to become the same person, only legal form of a sale-leaseback and mortgage loans are very similar, so our judicial practice there have been legal for sale-leaseback controversial nature. "Finance lease contract interpretation," in order to avoid absolute formalism, from the opposite side of the finance lease transaction provides the lessee with the seller for the same person, and therefore should be included in sale-leaseback financing lease adjustment legal relationship, its lease, rent parties the distribution of benefits, risks also need to meet the burden of the economic substance of the requirements of a financial leasing contract.