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Finance Lease In The Lessor's Rights Protection

Posted on:2019-02-16Degree:MasterType:Thesis
Country:ChinaCandidate:M ChuFull Text:PDF
GTID:2346330542986140Subject:Law
Abstract/Summary:PDF Full Text Request
Since the middle of the last century,the financial leasing transaction model has been rapidly copied to many other countries,and has played a significant role in promoting the development of the world's social economy and humanities.Financial leasing has been introduced into China for the first time since the beginning of reform and opening up.After thirty years of rapid development,the new mode of financing lease has played an important role in various fields of our country.As a kind of lease with special transaction structure,financial leasing needs the participation of three trading bodies,including lessor,supplier and lessee.Among them,the lessor and the supplier have contractual relationship because of the purchase of the lease item,and the lessee and the lessor have contractual relationship because of the leasing transaction.Although the lessee and supplier not directly form contract relationship,but in the financial leasing transaction is still given between the two sides of the mutual rights and obligations,for example,the supplier has the delivery of the leased property to the lessee's obligation,the lessee to lease approval rights,which is the key to financing lease from the general rental.Therefore,it can be seen that the lessor plays a key role in the financial leasing transaction,it is a bridge to the lessee and supplier have legal relationship,to the whole transaction success plays a very important role.In actual operation,the lessor is the ownership of the leased property,but does not actually control the lease,the lessee and the lease as a possession,but essentially control and dominate the lease,the lessor can easily cause damage to trade interests phenomenon.In addition,coupled with the current law of our country in the protection of the rights and interests of the financing lease the Lessor will indeed have some defects,risk financing lease the lessor's immediate interests in huge,seriously weakened the enthusiasm of the lessor to implement financing lease transactions,hinder the financing lease to play a greater role in the economic development of china.In view of this,this article from the legal perspective,first of all,the legal relationship between the concept of financing lease and three parties are analyzed,namely the financing lease of the subject of legal relation(the lessor and the lessee and supplier), financial leasing legal relationship object(between three to participate in the rights and obligations of the principal)the contents of the legal relationship and financing lease;expounds the legal risks of the lessor may face in financing lease transactions,the risk is mainly the lessee default risk,supplier default risk,bankruptcy risk and leasehold ownership changes;then,introduces the relevant provisions of the financing lease of our country the current law,pointed out that our country exists in the legal protection of lessor rights issues,these problems include the financing lease law system is not perfect And financing lease law enforcement difficulties;finally,according to the law of our country gives legal advice in two aspects of existing protection financing lease the lessor 's rights and interests are the legal adjustment mechanism to establish debt risk and the risk of establishing the real right legal adjustment mechanism.The main content of this paper is divided into four parts: the first part introduces the concept of financing lease and its legal elements,mainly answers to what is the financial lease,which constitutes the legal elements of financial leasing.As a kind of civil juristic act,it is composed of subject,object and content,but it is different from general civil action.It is composed of three participants.There is a certain relationship between rights and obligations among the subjects.The second part mainly introduces the legal risks of the Lessor will face in financing lease transactions generally,including supplier default risk,the lessee default risk,analyzes the causes of these risks,and try to find measures to deal with these risks.The third part mainly introduces China's current law on financing lease transactions related to the specific provisions,separately from property law,contract law and civil law are analyzed,and points out the problems existing in the protection of the legal interests of the lessor,including the legal system is not perfect,the real operation of the law difficult in these two aspects the problem.The last,Finally,this paper enumerated some legal advice according to the problems existing in the protection of the rights and interests of the lessor.
Keywords/Search Tags:Financial leasing transactions, Lessees, Legal risks
PDF Full Text Request
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