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

Leasing industry originated in the 20th century in the United States, so-called financial leasing refers to a transaction in accordance with the lessor to purchase the lessee’s choice to specify equipment suppliers, and the use of the leased property to the lessee, while charging rent behavior. At present, the rapid development of financial leasing in the world, has become an important service industry in the field of finance and distribution.Finance leases set lending, leasing, trade in one, is the combination of financing and financing was a new trading way, precisely because of this characteristic of financial leasing, on the one hand makes the ownership and possession, the right to use the leased property is long separation, it is easy to create the illusion of real right for all, for the right disposition tenant lease provides external conditions, resulting in violation of the ownership of the lessor; on the other hand, the lack of financial leasing lessor Understanding credit and solvency of the lessor, the lessee does not fulfill the obligation or to perform acts of rent also increased the risk of credit loss of the lessor. In short, the obstacles to the lessor in finance lease contract the realization of rights difficult.In this paper, based on existing legislation in our country, first of all define the concept and outlines the main features of a financial leasing contract, from the legal analysis of the lessor in finance lease contracts in the legal status of passive resistance; and then our focus from the legal and practical aspects that the necessity to strengthen the protection of the rights of the lessor finance lease; subsequent analysis of the lessor of financial leasing contracts protect the rights of the problems; the last of the existing financial lessor’s rights protection system in China has been thinking and evaluation, at the same time make relevant recommendations to improve. Paper is divided into an introduction, body and conclusion of three parts. Wherein the body is divided into four chapters.The first chapter the concept of financial leasing contract, the characteristics and the legal status of finance lease lessor overview;The second chapter mainly from two aspects of theory and practice of finance leases discussed the necessity to protect the rights of the lessor;The third chapter analyzes the status quo of legislation protecting the rights of the lessor under finance leases and emerging issues;Chapter Ⅳ of the lessor rights protection system in existing legislation were summarized financial leasing and thinking, and puts forward recommendations to improve the relevant legislation.