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Legal Protection On The Lessor’s Property Of Financing Lease

Posted on:2015-03-05Degree:MasterType:Thesis
Country:ChinaCandidate:T Y ShenFull Text:PDF
GTID:2296330467476847Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
After nearly ten years’ development, the financial leasing industry has becomemore and more mature, which is already well accepted by the market. This paper istry to focus on the main debate topics of the financial leasing industryfrom the perspective of the senior practitioner, which is suggested to improve theexternal environment according to the relevant laws to be perfected.Introduction section of the paper shows how the business model calledfinancial leasing meets the needs of the market, while the different needs will bematched with the corresponding mode of operation by the financial leasingcompanies. In this section, the author reveals the existed problem of the industry&illustrates the research ideas through the analysis of the literature.The first chapter is the general of the paper, including the introduction ofcontracts for financial lease and the relevant content of the property of financinglease, such as the definition、features&proper leasing equipment. By theintroduction and analysis the concept of financing lease&financial leasingcontract&lease object,this part build a foundation for the further research.The second chapter discussed the risk and countermeasures of the lessor,which focus on the risk of repeated financing phenomenon of the lease object. Also,the author issue the solution of such problems, which lead to the discuss of whether to apply the system of bona fide acquisition in the chapter three.The most important content of the paper is to discuss whether the repeatedfinancing lease phenomenon can be apply to bona fide acquisition, which is the maincontent in chapter three. In my view, the problem of repeated financing leasephenomenon is the most serious problem in financing leasing industry, which iscontroversial both in academia and industry area. The consequence is horrible whenit is combined which bankruptcy, and the financial leasing companies have to facethe loss.The problem is also an important factor that influence the healthydevelopment of financial leasing.The author proved that the bona fide acquisition can not to be apply withrepeated financing phenomenon, and suggest that internal risk-controlling systemshould be improved by better methods and ways.Also, the establishmentof financing lease registration system is to be needed,which can mainly solve theproblem of repeated financing lease phenomenon.The fourth chapter analysis the lessor’s recall right of lease objects. It showsthat it is so hard for the lessors to recall the lease objects according the recentjudicial system in our country.The fifth chapter issues the solutions of the problem showed in the precedingchapters. The author suggested that the financing lease registration system shouldbe established, the construction of credit system should be strengthened,the conceptof the property of financing lease should be written in the native property law,give the notary documents compulsory execution force.All the solution above canperfect the legal protection of the rights and interests of the lessor.Conclusion section reveals the relevant discussion.The author believes that thebetter external legal system environment existed, the more healthy development ofthe financing lease industry.
Keywords/Search Tags:Financing lease, Property of financing lease, Bonafide acquisition, Financing lease registration system
PDF Full Text Request
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