Protection Of The Lessor’s Rights In Financial Leasing

Financing lease this kind of transaction mode is the product of special historical background, is a innovation and breakthrough to the traditional leasing transactions. Financing lease originating in the U.S. after world war ii, the post-war rapid economic recovery, the industrial production of relative surplus situation, stagnation of economic development stage, industrial product sales difficult and enterprise financing difficult problem. Financing lease is precisely in this social background, its financing to help in the form of it enterprises, make enterprises not only completed the update and upgrade of equipment, help them to solve the problem of financing, also help equipment production enterprises to solve the marketing problem, the transactions of leasing, sales, finance, and many other means of trading patterns, is a bold innovation to the traditional trading patterns, thus to achieve great success in the United States, and rapidly developed rapidly in the world. Since reform and opening up, China’s economy by leaps and bounds, financing lease is utilization of foreign capital in China, a means of introduction of foreign advanced technology was introduced, and attaches great importance to the social people from all walks of life, which developed quickly in our country. After 30 years of efforts, China’s financial leasing industry has reached a certain scale, financing lease reached more than three thousand enterprises, industry scale of nearly four trillion yuan. Especially under the condition of the current economic development of our country has entered the new normal, adjustment of industrial structure and economic transformation and upgrading into the key period, financing lease in the broaden the financing channels of small and medium-sized enterprises, promote the development of producer services, promoting industry innovation, service entity economic development are playing an increasingly important role.Through perfecting rational laws and regulations to safeguard the rights and interests of financial leasing transaction participants, the escort for the development of financial leasing industry, is the law as the main body the legal rights and interests of various social activists should play a role. Although in recent years, the fast development of financing lease in our country, but because of the legal relationship involved is complex, our country for the study of the legal issues involved in the financing lease is not enough in-depth, leading to the current law for the protection of the financing lease industry in our country is not perfect, especially for which protection is lack of the lessor. The lessor in finance lease trade center position in three parties, connect the three parties in a transaction, have the effect of the bridge. It is because the lessor is relatively special legal status, determines its rights is one of the most vulnerable to infringe on the main body, and the lessor in the role of financing lease and vital, so only have better protect the rights of the lessor to run finance lease transactions, and then make the industry get long-term health development.So based on the financing lease in the lessor’s rights as the research object, the article main body is divided into four chapters:First chapter is summary of financing lease, mainly introduces some basic problems in financing lease, do some foreshadowing for expansion of below. First is the definition of financial leasing, financing lease is produced in a particular market environment, and with the traditional leasing, buying and selling, such as trading patterns vary, involving numerous trading means, not only involves the buying and selling, leasing, also including financing means of trading, so the line became the financing lease and multidimensional the definition. Different countries and different industries on the definition of financial leasing there exists a big difference, so we need to comb the concept. Then discusses the characteristics of the financing lease contract, mainly points out its lease contract, and the traditional business contract compared with the special place.The second chapter analyzed the legal status of financing lease in the lessor. Pointed out that the lessor respectively in two legal status of the contract. Then introduce what rights financing lease in the lessor, mainly has the ownership of the lease item, the rights of the rental to bring back the lease item, the bankruptcy recall right, etc. Then analyzed lessor risks in finance lease, the lessor to assume greater risk mainly because its legal status in the financing lease of a special, he is two parties of the contract, the risk of the double, so their rights are more vulnerable to abuse, need to give enough protection.The third chapter in the financing lease the lessor’s rights protection. This article selects the three most common of the lessor, the article briefly introduces right infringement case are owe to pay the rent, the lessee the lease item is not entitled to dispose of the lessor can’t retrieve, bankruptcy when the lessor and tenant right infringement case. After detailed analysis for each kind of situation, respectively, and gives different legal relief means. In the case of the lessee owe pay the rent, according to the lessee owing to the subjective characteristics into intentional and unintentional, and then the lessor may adopt different methods according to different situations; In the lease item was the right to dispose of the case, because of the influence of the good faith system, makes the lessor lose the ownership of the lease item, so the lessor can only claim default or tort suit to remedy their rights; In case the lessee enters into bankruptcy cases, the right of the rent paid to the lessor and the lease item related rights vulnerable to abuse, according to the different situation, put forward different means of relief.The fourth chapter the protection of the financing lease of the ownership of the lessor. Protection are proposed for the lessor’s ownership, namely, to establish finance lease registration system. First is why to improve the financing lease registration system is analyzed, on the premise of the good faith system, only through the financing lease registration system on the right of the leased property to the public, to remind the trading object, both protecting the rights of the owners, and can contain some ulterior motives of the lessee has no right to dispose of behavior, greatly enhanced the security of financial leasing transactions. For how to improve the financing lease registration system after some concrete Suggestions are put forward.