The Judicial Adjudication Rules Of Financial Leasing Contract And The Theoretical Review

In recent years, financial leasing industry has a trend of continued and rapid development in our country. Not only the number of new financial leasing company continued to grow rapidly, but the number of financial leasing business volume and disputes also showed rapid growth, which put forward higher requirements on the construction of financial leasing legal system and financing leasing cases in the judicial trial, This is the background of this article to study the related issues of financing lease contract.This paper uses the method of empirical research, presenting difficult cases of financing lease contract dispute that the courts deal with for nearly three years, paying attention to the adjudication of the case results, and analyzing the rules. Through the substantive law and the theory of comprehensive combing with empirical data for comparison, in the financial leasing law point of view, the referee and the theory of three dimensions, this article put forward a comprehensive comparative analysis. At the same time, this article performed a comparative legal research through investigating the extraterritorial law. Through the empirical research on the referee, this article found that cases of financing lease contract disputes mainly in the following three aspects: one is financing lease contract identification and effectiveness, the second is the financing lease contract scope of damages for breach of contract, and the third is the bona fide acquisition of leasehold.The most controversial set in the contract for financial leasing contract is identification of the contract and effectiveness of the contract. Due to the characteristics of the financial leasing transaction itself, which bearing dual functon of financing and financialease contract, the parties rights and obligations and collateral contract, lease contract, retained ownership installment sales contracts has a certain similarity and in practice, part of the business is often made loans disguised channel, to financing lease contract for the form of borrowing. The legislation about how to determine the financing lease contract is so abstract that it, only stipulated to nature, value, rent and other factors with the subject matter of the judge; however, what we need in the judicial practice is especially about whether the contract is valid or not and related legal issues.On the issue of contract law compensation for damage is a damages the general rule of financing lease, on the other hand is the special rules of the financing lease contract scope of compensation for breach of contract damages. Because of the complexity of the financing lease contract itself, persistent, the scope of compensation for damages mainly consider rental contract interest, relates to the payment of rent, lease residuals and breach of contract damages of agreed conditions. Rental contract interest due to the different financing lease contract rental property ownership exist certain difference, leasehold ownership return to the lessor, the lessor of contract for the benefit of including total rental expenses as agreed in the contract and fulfill upon the expiration of the period when the leased property value. Where the ownership of the leased property is to the lessee, the contract benefits are all the rent and the cost of the contract.With regard to the bona fide acquisition of the lease item, the lessor shall have the ownership of the leased property during the period of the lease. But the lease is the lessee of the actual use, therefore, the lessee of the transfer of the lease object to the risk of re financing has always existed. Whether the assignee can obtain the lease item in good faith, mainly relates to the identification of the "good faith", "the reasonable price of the transaction" and "whether or not to complete the transfer". Recognized by the "good faith" is the key to the transferee people whether the burden of proof; "reasonable price transactions" identified with the lease residuals, payment method and market price and other factors determined; because of the leased property are often real estate or special movable property(cars, ships, etc.), "whether or not to complete the transfer" mainly involves the lease registration problem.