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Study Of The Lessor’s Rights Protection In Financial Leasing

Posted on:2016-03-08Degree:MasterType:Thesis
Country:ChinaCandidate:W M SongFull Text:PDF
GTID:2296330482476542Subject:Law
Abstract/Summary:PDF Full Text Request
The financing lease contract is a kind of contract relationship, which is based on the lessee’s request and choice of the seller, the seller and the lessor to pay the purchase price, the lessee pays the rent to the lessor. It has the characteristic:the financing lease contract includes two contracts, the three party; the two part of the contract, the other party has the right and obligation; the financing lease contract is the contract which the financing and the financial contract. The protection of the rights of the lessor is a hot spot in recent years, the lessor is a party to the contract, which is the name of the owner, because it does not occupy the lease, the lease term is generally longer, the right of the lessor is very easy to damage. In the lessor’s right to be damaged can be divided into:the lessor’s claim that the damage to the rental income is damaged; the property rights of the lessor is damage that is subject to damage.The lessor rental income damage is generally the lessee to refuse to pay the rent, may also sell reasons caused by the lessee to lessor does not fulfill the obligation to pay the rent, solve damaged rent by margin stipulated in the contract, improve the recall right system to be solved. The right to lease the right to damage mainly from the lease of property damage, loss of third people in good faith, the solution is through the purchase of insurance, to provide security, establish a sound registration system to protect.After the implementation of "property law", China has carried out a useful practice in the field of rental property registration, such as the collection center has reached a consensus with the foreign investment enterprise association leasing industry committee, relying on accounts receivable pledge registration system to establish lease registration system.As the "financing lease law" has not been passed, so, in the existing laws and regulations to protect the rights of the lessor. The main performance in:the establishment of a unified system, the lessee can use the "property law" in good faith acquisition system, the lease item through the "legal" way to transfer, resulting in the loss of rental property ownership, the system is not perfect, the lessor as a lease can not be used in the case of the lessee, the lack of relevant procedures. Based on the analysis of the current legislation of the foundation, the article puts forward two aspects of legislative proposals:one is to establish a registration system to avoid the third person in good faith; another is to improve the recall system, rich tenant who refused to pay the rent of the lessor remedies.
Keywords/Search Tags:finance lease, the lessor’s rights, lease registration, recall right
PDF Full Text Request
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