The Legal Risk And Precaution Of Car Leasing

This paper focuses on researching the legal risk and precaution of automotive financial leasing. In the current car sales market,two kinds of consumption patterns are very popular in the auto buying and selling market. One is the traditional one-time payment of consumption; the other is the finance consumption for vehicle trading.And the finance consumption usually includes the car consumption loans and car financial leasing. Due to the development of the financial leasing industry in recent years, more and more consumers choose the financial leasing to buy cars. However,there are lots of legal problems in the process of the financial leasing when consumers choose it to purchase car. Therefore, from the perspective of law, this paper analyzes the two contractual relationships and the basic rights of the three parties in the financial leasing business of the car, and finds out some potential legal risks in it.Through the analysis of the existing laws and regulations, this paper finds that the relevant provisions of the current law of the financial leasing is not perfect. Some rules can't effectively safeguard the legitimate rights and interests of the parties,especially for the new financial leasing mode of car leasing. The provisions of the current law are too general, not clear and specific, and the operating standards are not easy to grasp to solve the problem according to local conditions. In this paper, the author lists the main legal problems and solutions from the perspective of the lessee of car financial leasing and the lessor of car financial leasing, including the legal risks and solutions of the existing bus registration system; the specific situation of the lessee of car financial leasing default; the application of the right to recall; the protection and the solutions of the bankruptcy of the lessee of car financial leasing.This paper is divided into four parts:In the first part, from discussing the basic concept and development of financial leasing, this paper introduces the definition of car financial leasing. Through the analysis of the benefit of the three parties in the financial leasing process of the automotive supplier, the lessee of car financial leasing and the lessor of car financial leasing,this paper analyzes the superiority of financial leasing model of car.The second part mainly analyzes the legal relationship of financial leasing contract of car. Using the method of classification discussion, this paper discusses the rights and obligations of the parties in the process of sale and leasing.The third chapter focuses on the legal risks which the lessor is faced in the process of car financial leasing. Through the analysis of the vehicle registration, the lessee default system, this paper discusses the risk models and proposes some legal advice from two aspects of contract registration system and the recall system.In the fourth part, this paper focuses on researching the legal risks in the financial leasing process of the lessee of car financial leasing. Starting from the legal drawbacks of bankruptcy recall system and the defects of the quality of car, this paper analyzes the drawbacks in the rights of quality defects and bankruptcy recall system,and gives the corresponding legal advice according to the characteristics of the new energy bus leasing.