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Research On The Protection Of The Lessor’s Rights In Financing Lease

Posted on:2016-07-09Degree:MasterType:Thesis
Country:ChinaCandidate:M LiFull Text:PDF
GTID:2296330479487866Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Financing lease, a kind of exotics, originated in the United States. It is introduced into our country at the beginning of the reform and opening up, at that time, our China lack of money, technology and equipment. In order to change this situation, we adopted financing lease. Through it, our country not only absorbed the foreign advanced technology and equipment, but also solved the problem of lack of funding in the early years of the reform.Since it is introduced into China, financing lease support the civil aviation, communications, energy and other infrastructure construction and technical transformation of many enterprises.However, though financing lease made such a rapid development for our economy, we should not ignore the other problem. According to statistics, the amount that financing lease provided for the equipment investment is less than 1%, the proportion of its huge potential hasn’t really play. One of the important reasons is the imperfection of the protection of the lessee. The legal risks faced by the lessee is more than the profits that they can gain. Although some rules about financing lease are made in our contract law and its judicial interpretation, the discussion on the protection of financing lessor is still not enough, we should take further measures to protect the lessor so that it will have enough confidence to participate in the financing lease transactions.This paper is divided into three parts, the first part is about the theoretical knowledge introduction of financing lease. it introduces the basic concepts and characteristics of financing lease contract and points out the disputes about the legal structure of the financing lease.Than the risks that the lessee facing in the financing lease contract is analyzed in the second part. What’s more, the causes of risks are summarized. Last but not least, how to solve these problems in the existing legal framework is discussed, and put forward some legislative suggestions to solve the problems the existing law cannot solve perfectly.
Keywords/Search Tags:Financing lease, Unauthorized disposition, Termination of the contract, Risk burden
PDF Full Text Request
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