Study On The Bankruptcy Recall Right In The Finance Lease

As one of the fastest growing emerging financial service, the finance leasing entered into China in the 1980 s.As a complex trade form, the finance leasing falls for many factors, one of which is the bankrupt of lessors or lessees.Bankruptcy problems are very complex,especially when involved in multiple parties or multiple contracts.This article focuses on the bankruptcy recall riht in the finance lease,aiming at pointing out the problems and hidden troubles,and taking corrective action and making up,which intended to put the finance leasing in China along a virtuous circle path.The introduction introduced the background of the emerging of finance leasing,the world research statuses,and points out the main research methods are:Semantic analysis,logical analysis,and comparative analysisThe first chapter explores the basic theory of the Bankruptcy Recall Right in the finance leasing,and expounds the relevant conception and character.Then this article analyze the nature of property right in the finance lease and the nature of bankruptcy recall right.The second chapter states the development of financial leasing,the status of implementation and legislation of the Bankruptcy Recall Right in the finance leasing,through analyzing,finding out the problems of difficulty to balance the interests between the relevant subjects,and the lack of exercise criterion and relief system.Firstly,this chapter discusses the definition of bankruptcy estate,and analyzes the right of rescission of leaser’s bankruptcy administrator,and determines the exertion condition and reasonable restriction.Then,this chapter analyzes whether the leasehold and performance bond belong to bankruptcy estate.Based on which,this chapter respectively expounds the right of rescission of leasers and the right of choice of lessee’s bankruptcy administrator.This chapter discusses the exercise of the bankruptcy recall right,and analyzes in which condition the leasers and sellers can be the subject of exercise of the bankruptcy recall right.This chapter also enumerate methods of the exercising of bankruptcy recall right that in which conditions the self recall right and judicial recall right can be used,and discusses whether the compensating recall right,leasehold recall right and accelerating returns of rent can coexist.Then this chapter explain the liquidation procedure after the exercise of the bankruptcy recall right.In the last chapter,we discuss and analyze the problems exist in the bankruptcy recall right in the finance lease in China. Connecting with the practical situation,this chapter puts forward the pertinence suggestions of bankruptcy recall right in legislation and practice operation,including the special legislation of the finance lease and document of title,etc,hoping to change the status quo.