Protection Of The Lessor’s Rights In Financial Leasing

From the combination of the dual characteristics of credit financing and leasing, financing lease financing and financial matter contained in the function of promoting the rapid development of the enterprise value is self-evident. The three parties involved in the activities of the main parties in the financing lease, the lessor is the core, the normal operation of the entire transaction however, typical characteristics of financial leasing and determines the lessor’s rights are more susceptible to damage. In the vigorous development of China’s financial leasing industry today, how to protect the rights of the Lessor will become a serious problem. On the writing of this article is how to protect the rights of the lessor to this problem. In addition to the introduction and conclusion, the thesis consists of five chapters.The first chapter is an overview of the protection of the rights of the lessors. The first part gives a brief account of legal characteristics of the recall right. This chapter focuses on the financing lease, the Lessor the right to be susceptible to damage, protect the meaning of the rights of the lessor, to in this paper on the basis of basic information, for the writing of the paper to do the necessary groundwork.The second chapter is the protection of the rights of the lessor in the change of the property right of the lease. All the rights of the lessor in the financing lease is the ownership of the first to be protected. Rental accretion and the bona fide acquisition is practice of lessor’s ownership produced against the typical situations, explore these two kinds of circumstances the lessor’s rights relief measures for protecting lessors ownership significance major.The third chapter is the protection of the rights of the Lessor the lessee default. The default by the lessee, the lessee is refused to pay the rent is the lessor rights the most common case. This chapter will analysis the lessee default on the basis of different situations, differences to explore the rights of the lessor relief measures.The fourth chapter is the protection of the rights of the Lessor the lessee goes bankrupt. The bankruptcy of the lessee to lessor rights for the protection of the most serious threat situation. This part will analyze the three problems of the bankruptcy recall right, right of bankruptcy and the lessor to the lessee bankruptcy implementation claims, on protection of the lessee bankruptcy when the lessor’s rights.The fifth chapter is to improve the protection of the rights of the lessor in the financing lease. This chapter will exist in the explanation and analysis of the current financing leasing industry development present situation, the Lessor the right protection of weaknesses based on, respectively, from the legal system, facilities, the lessor of the risk prevention capacity three points put forward suggestions for improvement.