The Study Of The Repossession Right To The Leased Property In The Financing Lease

Beginning of the last century, a financing leasing transaction pattern began to emerge, there are three parties among their legal relations in this kind of transaction: the seller, the lessor, and the lessee; involving two contracts trading contracts:the sales of contract and financing leasing contract. The lessor and seller signed the sales of contract, the lessor as the buyer purchased the lease property from the seller; lessor and lessee entered into a financing leasing contract, the lessee obtained the lease property in the way of lease from the leesor. As a complex form of trading, there are many factors leading to the failure of financing leasing transactions in which the lessee default or bankruptcy are all the important factors so that the transaction can not be successfully carried out. And after the transaction fails, repossessing the leased property is generally the last resort to protect the lessor’s right.This thesis in-depth analyzes the theoretical basis of financing lease and explores that the lessor how to exercise the right to repossess the leased property and legal basis of the repossession right. Theoretically explain the existed theoretical obstacles brought by exercising the repossession right of the leesor after the current leaseing transaction fails, and analyze the difficulties to repossess the leased property in the practice. Comparatively analyze the differences between the essentism legislative mode of China and formalism legislative model of United States on the financing lease to seek the solutions the barriers of the current method of exercising the repossession right, to propose my own suggestions on legislation and practice aspects, putting forward that:Broaden the definition of financing lease, determine the ownership of the leased property combined with the specific case analysis to consider whether the legal nature of the underlying transactions are classified as financing lease, at the same time to design that if the lessee bankrupts in the situation that two parties agree after the expiry of the lease term, the leased property is owned by lessee, it will be possible for lessee to obtain the ownership the leased property, the lessor only has the right of claim as the creditor of the lessee. Improve current legislation requirements and enter into the specific rules for the conditions and modalities of exercising the right of the repossession. I suggest to design that the condition of the repossession is getting a court order in the way of summary procedure; and design and improve compulsory credit insurance and leasing used equipment distribution market to solve the risk that the lessor may not get back the leased property and the problem that it’s very hard to remarket the repossessed leased property.In this paper, the methods of research are including historical analysis, theoretical analysis, and a variety of research methods such as case studies and comparative analysis. The whole contents are divided into two parts:The first part is including a brief introduction to the history of the financing lease and development of financing lease in our country, and then put forwards the issue that mainly researched:the repossession right of the lessor in a financing leasing transaction; according to the doctrine of litigation and scholars, summary the legal characteristics of financing lease and repossession right and based on the characteristics, describe the situation of exercising repossession right and the legal basis;The second part is including the proposed problems and obstacles arising from the exercise of the repossession right. Combined with the different legislative models for financing lease between China and the U.S., propose some suggestions to improve and perfect the right of repossession from the legislation and practice aspects, and finally make the conclusion.