Civil Law Regulation Of The Lessor's Legal Risks In Financial Leasing

Since 1950 s,This transaction is a new kind of trading tool which combines of finance funds and assets.It is called sunrise industry by developed countries.This transaction become after bank loan financing.The lessors in financial leasing,as the common party in sale contracts and financial lease contracts,play an importance role in financial leasing.Now,the development of financing lease has been mature.The legal risks of the lessors in financial leasing remain,although our country has issued relevant laws and regulations.The control of legal risks of the lessors in financial leasing is incomplete,which influences the development of financing lease.Based on the current laws and the judicial interpretation for the protection of lessors in financing lease,combined with the legal risks of the lessors in financial leasing in practice and drew lessons from foreign legislation,it would put forward some suggestions about the control of the legal risks of the lessors in financial leasing.This article consists of introduction,text and epilogue.The text includes five chapters.The introduction stated the research about the control of the legal risks of the lessors in financial leasing,including the reasons,results,ideas,research methods,theoretical significance and practical value of the control of the legal risks of the lessors in financial leasing.The first chapter is the general part of this article.This chapter stated the definition of financial leasing contract and the legal relation among the three parties of financial leasing contract.the aim of this chapter is providing fundamental basis for analyzing the vulnerable reason of the lessor in financing lease.The second chapter stated the legal risks of the lessors in financial leasing.This chapter analyzed the vulnerable reason of the lessor in financing lease and listed all the risks of the lessors in financial leasing in practice.Then,it concluded the legal risks of the lessors in financial leasing,including the risk of credit right s,the risks of ownership and the risks of material loss.The third chapter stated the laws and regulations in China of the control of the legal risks of the lessors in financial leasing.Whether “law of the contracts”or the judicial interpretation which issued in 2014,our country pay attention to the lessors in financial leasing.But there are many problems in practice.The fourth chapter stated the foreign laws and regulations,including the stipula tions about credit rights,ownership and material loss.Then,it summarized the foreign laws and regulations.The fifth chapter put forward some suggestions about the control of the legal risks of the lessors in financial leasing,including perfecting regulations of Retrie ve,developing the secondary market of lease item,establishing a unified registrationsystem of finance lease,establishing a system of compulsory insurance and so on.