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The Research About The Issue Of The Protection Of The Leaserís Rights In Financial Lease

Posted on:2018-09-28Degree:MasterType:Thesis
Country:ChinaCandidate:X LiFull Text:PDF
GTID:2346330536975763Subject:Law
Abstract/Summary:PDF Full Text Request
Takes the real case in the judicial trial as the guide,describes the lessorís rights in current Chinaís financial leaser.At present,the quo of the protection of Chinaís financial lease is not optimistic.The leasee`s midway cancellation,bankruptcy,unauthorized disposition,fails to pay the rent and other factors,they not only damaged the lessor rights,but also be harmful to the healthy development of financial leasing industry.Financial lease lack off related legislation,financial leasing industry has not be formed a complete protection mechanism.In 2014,the Supreme Court`s interpretation about the trial of dispute the financial lease contract provides a new opportunity to the development of financial leasing.But many of these Provisions are not practical,no legal and administration system for support,they can not be effective implement.Aim at the damage to the financial lessorís rights and interests caused by the lack of current legal provisions,point out that if we want to protect the the lessorís legitimate rights and interests,promote financial leasing industry`s boom,the mechanism of the prohibition of termination midway must be established and improveed,and the rules should be united.The perfection of the secondhand market is needed.In the the bankruptcy case,the lessorís priority should be guaranteed,and the industry should establish the risk control mechanism.Chinaís current property registration system is monotonous and simple,which is not enough to cope with the more and more complicated situation in the development of economic.The registration confrontation system of movable property and the unified movable property and immovable property registration system should be established as soon an possible.The lease can be implemented to pay rent who fails to pay the rent as appointment.And summed up the provisions in "Cape Town Convention" about our country,the litigants should be five some rights to rapid relief.
Keywords/Search Tags:finance lease, the leaser, protection of the rights
PDF Full Text Request
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