On The Effectiveness Of Financial Sale-leaseback Contract

With the further development of reform and opening-up, financial lease business with the purpose of financing has developed rapidly. In the current financial lease practice, the lease business with the form of sale-leaseback occupies huge proportion. However, sale-leaseback is not the normal of financial lease business and is not in conformity with the original intention and purpose for developing financial lease business in China. Many persons consider that the financial sale-leaseback contract does not constitute the financing lease contract relationship from the legal perspective. Then, what are the natures of the large number of financial sale-leaseback contracts as an actual being? Is the financing lease business legal or illegal? It is hard to find the answer in current laws and law theories. The author noticed the value of investigating the problem based on the current research gap on sale-leaseback. This thesis starts from the angle of the effectiveness of financial sale-leaseback contract; firstly, it solves the problem concerning the legal nature of financial sale-leaseback contract; based on the nature, this thesis clarifies the content of the effectiveness of the contract, that is, the rights and obligations of the parties to a financial sale-leaseback contract; then, the thesis clarifies the type of a contract formed under different conditions and the legal consequence leaded to by different type of contract from the prospective of the effectiveness type of a financial sale-leaseback contract, that is a valid contract, an invalid contract, a contract with its effectiveness to be determined, an amendable and voidable contract, by combining the characteristics of a financial sale-leaseback contract; at last, it illuminates the causes and consequences of the termination of the effectiveness of a contract. The elaboration on financial sale-leaseback contract based on the effectiveness principle of the contract provides the support on theory for making sale-leaseback to be a legal and effective financial lease business. The author hopes to provide a detailed and clear theoretical guidance on the conclusion of fulfillment of financial sale-leaseback contract and the undertaken of responsibilities and settlement of dispute in the practice through the exposition of the thesis.