Research On The Legal Problems Of Bankruptcy In Finance Lease

Finance lease is a new trading patterns, it has both financing and leasing-assets capabilities. It developed very rapidly when it came out.Because the lag of the law and the rule of the market economy, it is very easy for each party of financing lease to bankruptcy.Finance lease is a new type of trading system along with the development of economic, it is different with the traditional trading system. Sincelegal relations and legal characteristics of finance leases are complex, therefore, the existing rules do not solve the bankruptcy of the lessor, the lessee and the seller.Based on theanalysis of the nature and the characteristics of financial leasing, analysethe problems of financialleasing bankruptcy detailedly. This article contains five parts. The first part mainly talks about all the problem of financial leasing bankruptcy. The problems contains that how to define the nature of financial leasing, how to exercise the bankruptcy recall right, whether lessor's insolvency administrator have the contract option, whether the financing lease contract may be assigned and how to make over, who will bear the liability for guaranteeing the drawbacks.According to the problem put forward in the first part, the second part mainly talk about the root of financial leasing bankruptcy problem. Mainly describes the legal characteristics and the legal nature of financial leasing bankruptcy. Also involve the existence of contentious issues of the insolvency estate. This section clarifies ideas for the later analysis.Based on the Lessee bankruptcy, the third section mainly dealings with the conflict betweencontract cancellation rights and the insolvency administrator to perform the contract option. The lessor's recall right, damages and other issuesare included. Above all, the lessor's recall right is the most important. In my opinion, the interests of the lessee and lessorcan be balanced by restricts the lessor's recall right.The forth part studies the problem from the perspective of the lessor bankruptcy. It contains the problem that lessor insolvency administrator whether can perform the contract option and the problem of if financial leasing contract can be transferred. Through analyzing those issues, I hope the debtor-creditor relationship in bankruptcy between the lessee and the lessor can be sorted out.Surrounding the bankruptcy of the seller, this part mainly narrates that who is suitable to assume the guarantee liability of leased property and who can submits this right to the duty officer.