On The Legal Structure Obtained In Good Faith In Financial Leasing

Since the introduction of the financial leasing system has made great progress since the introduction of our country,but in the development of the same time also hidden many problems,one of the important issue is the ownership of the lease and his property rights in the system under the bona fide risk,Many scholars have studied the problems in finance leasing,but most of them have elaborated from the perspective of protecting the rights of the lessor or lessee in the finance leasing.The study on the problem of goodwill is only as the lessor,The tenant's right to exist in the area of the threat of one side,did not in-depth analysis of financial leasing in the system of goodwill,this paper analyzes the nature of the financial leasing and ownership structure,and in the value orientation on the basis of the proposed The system of goodwill has its value and meaning in financial leasing,but it is necessary to limit its application.The main contents of this paper are as follows:In the first part,this part analyzes the outstanding problems in the process of applying the bona fide acquisition system and the shortcomings of the domestic research situation through the case analysis,and points out the significance of the research on the goodwill of the financial leasing.In the second part,the author analyzes the legal nature of financial leasing,and draws the conclusion that finance leasing is a new type of independent transaction in the background of the existing theories.On this basis,The structure of the specific analysis,and pointed out that the specific transaction activities in the existing problems.In the third part,the main content is to analyze the value orientation of the financial leasing system and the system of bona fide acquisition,and to sort the value of the conflict when there is a conflict of value,to clarify the value orientation behind its choice and to analyze it and put forward its own Point of view,that is,the balance of protection of interests.In the fourth part,this part mainly compares with the goodwill acquisition in the property right law,points out the particularity of the constituent elements of the bona fide acquisition system in the financial leasing,and gives the perfect suggestion.The fifth part,which is a summary of the full text...