Concerning The Rights Of The Lessor In Aircraft Finance Lease Transactions Legal Protection

Aircraft financing lease business in China is still in its infancy,many problems still exist,especially in the protection of the rights and interests of the lessor's undistributed.Domestic legislation level,there is no corresponding supporting system,also did not adjust to the existing laws and regulations system,making the financing lease company involved in aircraft finance lease business faces many challenges.In the perspective of the lessor protection are discussed in this paper,The first chapter in the form of introduction of aircraft financing leasing development background,research purpose and significance,research theory were reviewed.The second chapter introduces the concept,the main mode and legal relationship,and puts forward the law of the protection of the rights and interests of the lessor.Third chapter comparative study on the international treaties and national legislation present situation and the present stage our country the lessor shall enjoy the rights and interests,the improvement of the legal protection system for aircraft finance lease the lessor to provide sufficient legal basis.Fourth chapter mainly discusses the advance of the lessor's rights guarantee system namely registration system,combining the theory and method of economics to explore the registration system design of the theoretical basis and practical function,proposed scope of registration of modification,unified rules network registration and other existing refactoring,emphatically discusses the legal idea of the special registration system construction of aircraft finance leasing transaction.Confirm the lessee the lease registration effectiveness and not a total ban on ownership of mortgage registration and so on.The fifth chapter analyses the lessor right afterwards relief system,in which the recall system,analyzes on the original nature of recall right and power,and points discussed when tenant defaults and the bankruptcy of the lessor to exercise recall relief program,especially propose the lessor to retrieve cannot relief problems,not only introduce compensatory retrieve the principle as a supplement,also create the beforehand prevention of compensatory to retrieve performance cannot,and a third person to retrieve the rights and interests of the insurance benefits.