Research On The Protection Of The Rights Of Lessors In Financial Leasing

Financial leasing is a kind of new type of independent transaction, which involves three parties and two contracts. Leasing-assets is the method for it to achieve the purpose of financing. Through combing the basic structure of the legal relationship of financial leasing transaction, we find that the rights and obligations of the lessor occupy the core position, while the relevant rights and obligation of the lessee and the seller are all around them.In order to ensure the legitimate interest of the lessor can be achieved,?Contract Law? and ?Financial leasing judicial interpretation?exempt its leasing defect liability with the cost of rights in sale contract, and set a strict rent payment obligations for the lessee to protect the lessor's rental claims. But lessor's rental claims are often in the trouble due to the fact that lessee is not pay the rent by appointment, and his leasehold ownership is also facing the risk associated with the lease item in practice. The reason is as follows: On the one hand, there are some shortcomings in the relief measures of rent claims including the limited function of paying the full rent claim,?Financial leasing judicial interpretation?improperly expands the applicable scope of lessor's rescission right and the using obstacle of the recall right. On the other hand, the safeguard measures of lease item are inadequate which contains the following three aspects that the lack of the necessary measures to deal with the risk of the lease item,the lessor's mortgage right of own material goes against the traditional theory of the civil law and the third party's inquiry obligation lacks the statutory guidance.Based on those, we hold the opinion that: bring in the lessor's expectant right to make up the shortage of the existing creditor's rights relief measures in the case of that the lessee malicious default; relocate the rescission right of lessor in the ?Financial leasing judicial interpretation?and put forward some alternative measures provided by lessee like other appropriated assurance or paying the remaining rental and so on; give the lessee direct claim right to ensure the special warranty of exempting lessor's defect liability; Finally, give the practice of existing financing lease movable property registration the force of law to strengthen the security effort of the lessor rental property and achieve the interests balance between the lessor and the third person.