Study On The Bona Fide Rules In Financial Leasing

The misunderstanding of the existing finance lease legislation to Bona Fide Ac quisition lead to the interest structure between the lessor and the third person imba lances, the lessor to bear the much transaction risks and the problem such as the c alculation of damages is unknown. Rooted in the rule that bona fide has "formalis m" and "antagonism" two systems, and China should adopt Antagonism Bona Fide Acquisition Regulation. Supreme People's Court on the trial of a finance lease co ntract dispute case law applicable to the problem(hereinafter referred to as The n ew judicial interpretation in bona fide), the interpretation of Article 9-the excepti on of bona fide acquisition is antagonism's typical exemplification and successful e xploration. Good rules is essentially a kind of antagonism against the rules, and th e antagonism is the real good rules. Rules should be made in bona fide "antagonis m" balance the interests of both sides. The diversity of real right change patterm b rith reality of fair rules. Financing lease transactions between the lessor and the les see are also belong to dynamic transaction security. The new way of financing lea se publicity will promote the diversification of property announcement appearance.The increase of the general chattel of publicity will be not limited to the three pu blic financing lease transactions. Registration is not the only public method of real estate. The effectiveness of different representations of the strength of property righ ts in a state of uncertainty. It should be non-mandatory under the registration of re al estate. "Property Law Judicial Interpretation(a)" lack of reform efforts.