Research On The Protection Of The Lessor’s Ownership In The Financial Lease

As one of the most dynamic development of the financial services industry in the world, finance lease has become the third largest financial instruments after the bank credit and securities, which is the biggest characteristic of the separation of ownership and possession of the lease. The movable property in China is in the form of public notice of the change of the real right, which causes the illusion of ownership of the lessee. In this case, if the lessee transfer the leased property to the third person without the consent of the lessor, third people in good faith have reasonable grounds to believe that the lessee is the owner of the leased property based on the theory of bona fide acquisition. Therefore, the third person can acquire the ownership of the leased property while the lessor ownership cannot be protected. It indicates that the third person in good faith has priority in the financing lease of the lessor in terms of the protection of the ownership of the leased property.On the basis of the theory of good faith acquisition, it’s time for us to solve the problems in order to reduce the legal risk of loss of ownership of the lessor and ease the conflict between the rights of the lessor and the third person in good faith. Firstly, it’s very necessary to research on the system of bona fide acquisition and the way of real right publicity. Secondly, I analyzed the feasibility established of the financing lease registration system in our country. Finally, through the combination of registration, credit evaluation, insurance and supervision measures, it is vital to build up the protection framework of the lease property of the financial leasing enterprises gradually. So the financial leasing industry is healthily promoted and developed.It is composed of thee parts:the preface, the article and the epilogue.The Preface is mainly consisting of the topic selection and research scope, the available research result, and the writing and research methods of this article.Chapter 1 describes two typical cases of finance lease, analyzes the situation when the lease item is transferred without authorization and the third party is in good faith, the lessor cannot retrieve the ownership of the leased property.Chapter 2 makes a detailed analysis of bona fide acquisition in the finance lease, which mainly includes the theoretical basis of bona fide acquisition about movable property, the condition of good faith and the question of constitutum possessorium. It can be seen that some legal norms are not clear and perfect. In addition, it shows that the bona fide acquisition of movable property is still questionable.In Chapter 3, from the perspective of publicity of real right and the registration, we analyze publicity of movable property leasing in practice, and compare with the legislation and practice in foreign finance lease, including the Anglo American law system and continental law system countries and other international treaty documents.In Chapter 4, I attempt to propose a preliminary idea of the protection framework of the ownership of the lessor in our country. Firstly, the registration system of financial lease is established, including the establishment of the registration of the subject, contents and methods, registration institution, the examination and the effect of registration, etc. Secondly, supporting measures must be formulated quickly.