The Exercising Of Rescission Of Lease Contracts

The lease contract is a common form of contract in daily transactions,it provides the rights and obligations of the lessor and the lessee,promoting the development of leasing industry market to legal regulation and protection role..The financial leasing contract is a special form of lease contract,while the financial leasing contract and lease contract are similar,so the distinct between the two correctly helps to determine the ownership and both sides of the leasehold's responsibility.China's current theoretical circles is short of two distinguishing especially on study exercise of right of dissolution.Based on a vehicle lease dispute case analysis and combined with the theory,to discriminate the lease contract in our country in general forms and special forms to analysis of the characteristics of the two and further study the conditions for the exercise of right to rescind the lease contract,which also give some suggestions on relief system in China's contract.The first part of paper mainly stated the basic facts,and summed up the three controversial focus of the case.The second part focus is on the controversy to analyze and discuss.Starting from the legal nature of the contract case to discusse the nature and characteristics of the general leasing contract and leasing contract,this paper's case shall be a financing lease contract.Secondly,analyzing the contract's subject should be the B42314 vehicle.Finally,the case should belongs to the actual breach and contract‘s termination didn't satisfied The third part is on the analysisof the contract's rescission and the judicial practice,the author puts forward some thoughts and suggestions on perfecting the system of contract rescission.