Issues About The Real Right Of The Financing Leasing

In November 25,2013 by the 1597th meeting of the judicial committee of the Supreme Court has passed the Interpretation by the Supreme People’s Court on the law applicable to financial leasing contract disputes, and be enacted on March 1,2014. This Interpretation by the Supreme People’s Court means a lot for the development of the financing leasing in our country, plus the The State Council set the project of the China(Shanghai)Pilot Free Trade Zone, all these make the field of financing leasing one of the heated spot to be discussed. The Interpretation by the Supreme People’s Court makes up some Legal loopholes, meanwhile, it combined with’Contract Law’,’Property’ Law and other laws and regulations, which shows that the administration of financing leasing in our country is becoming perfection.During all the law issues in financing leasing, the ownership of the financing leasing object is the most heated discussed issue, because of the special feature of financing leasing contract, it seems that there will have a lot of problems and concerns in it. This essay starts from the concept of the object in financing leasing; consist of six chapters including the scope of the object, then Registration, after sale leaseback issues. At the end of the essay, the writer talks about the risk prevention in the financing leasing contract and the future development of this field.In the first chapter, the writer introduces the basic concept of the financing leasing and its feature and raises some issues to be solved in this essay about the real right in the financing leasing. In the second chapter, the writer talks about the financing leasing objects, its concept, scope and feature. What kind of objects meets the law requirement and can be regarded as financing leasing object. Which will laid a solid foundation for further discuss of the real right problem. In the third chapter, the writer writes about the ownership of the financing leasing object. In the legal relationship of the financing leasing, there are three parties, if one of them bankrupt, then what is the situation of the financing leasing objects? It depends on the different situation of the actual ownership of the object.In the forth chapter, the writer emphasis on the Registration of the financing leasing object, listed the basis theory of the registration in the real right system and combine with the laws and regulations concerning the financing leasing object and talks about the new regulations released by the Supreme Court. In the fifth chapter, the writer concludes the essay by listed the ways to avoid the risk in financing leasing and look forward to the future development of financing leasing.