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Study On The Registration System Of Financial Lease

Posted on:2017-03-24Degree:MasterType:Thesis
Country:ChinaCandidate:X F DuFull Text:PDF
GTID:2296330485487071Subject:Law
Abstract/Summary:PDF Full Text Request
Financial leasing registration agencies are scattered in different areas in China. However, there is no a unified registration agency, which is in confrontation with the bona fide acquisition system and has resulted in the lack ofpublic summons and public trust systems and the failure of acquiring valid protection for the lessors’ rights. From the perspectives of entity system and procedural system, this thesis has put forward the advice of establishing a registration system suitable to the development of the financial leasing industry in our country.This thesis is made up of three parts, that is, Introduction, Main Body and Conclusion. Introduction consists of three parts. First, it introduces the development situation and potential problems of current financial leasing industry, describes the legal dilemma where the lessors’ rights could not be under effective protection and then presents that the establishment of a registration system is the best breakthrough of getting rid of such a dilemma. Second, it makes a statistical explanation and brief introduction of the current domestic theoretical researches. In other words, it mainly makes statistics and lists of as well as a brief commentary on articles and monographs concerning financial leasing registration researches. At last, it makes a brief introduction of research ideas and methods of this thesis.The main body is composed of four parts.The first part mainly describes basic theories of financial leasing which incorporates two aspects. The first aspect is about the definition of financial leasing registration, including the definition of financial leasing, leasing item and registration. The second aspect is to make a comparison between the financial leasing registration and property registration, real estate registration, quasi-real estate registration, general chattel mortgage and real rights registration, further illustrating what the financial leasing registration is.The second part mainly deals with overseas investigations of financial leasing registration. From the point of selecting the suitable registration agency and registration applicant, it describes the industry status of financial leasing and registration systems in United States, Japan and South Korea.The third part puts forward the establishment of substantial registration system of financial leasing. First, it’s about the right attributes of financial leasing registration. Since the registration of the ownership of subject matter is usufructuary right, special chattels only register financial leasing trade relations, while general chattels register the ownership of subject matter as well as the financial leasing trade relations. Second, in order to guarantee public summons and public trust of the financial leasing registration, the effect of registration should be registration antagonism.The forth part discusses the construction of the procedural registration system of financial leasing. First, as the unified financial leasing registration agency across our country, the public trust in the Credit Information Center of People’s Bank of China should be further improved. Second, the application of financial leasing registration should be made by one party. Third, the review of the registration agency should be dominated by formal examination, supplemented by proper substantive examination. And the registration efficiency and the authenticity of the registration contents should be both taken into consideration.The last part is Conclusion. It describes that the construction of financial leasing registration system should be implemented to concrete and specific legal provisions, including, together with registration right attributes, that the legal status of the Credit Information Center of People’s Bank of China should be the unified registration agency, the effect of registration should be registration antagonism, the application of financial leasing registration should be made by one party, and that the review of the registration agency should be dominated by formal examination, supplemented by proper substantive examination and so on.
Keywords/Search Tags:financial leasing registration, registration agency, the Credit Information Center of People’s Bank of China, registration antagonism, bona fide acquisition
PDF Full Text Request
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