The Way Of Dealing With Financial Lease In Bankruptcy Procedure

When a lessor or tenant fails in a financing lease transaction,the contract law specifies that the lease item is owned by the lessor.The rule eliminates or at least partially reduces the flexibility of financing leases to be disciplined in bankruptcy.It is worth discussing whether the elimination or reduction is reasonable.The question that the article wants to discuss is the comprehensive understanding of financing leases;To handle financing leases moreflexibly in bankruptcy;The way you deal with it can be self-consistent in the system.The lessor and the lessee is essentially respectively through the ownership of content for capital risk control and the cost of capital control,this is based on the possession of ownership ofownership with the stipulation of is different from law stipulation of ownership.So the legal system should be built with the possibility and necessity of increasing the use of ownership;And the parties in the contract have a reasonable distribution of interest in each of these two controls.From our current laws and apply these provisions may achieve results,not show out the flexible use of the ownership of the financing lease,the use of guarantees and contract subject to ownership trade-off.Therefore,if the use of ownership is used as a guide,it may be possible to modify the improper handling of financing leases in the bankruptcy process.