Analysis On The Rules Of Finance Lease In The Bankruptcy Procedure

Financing lease,as a new way to trade,because of its convenience,high efficiency,low cost advantage.In the last three years,it has been rapid developed,due to the government pay a great attention to financing lease and driven by nongovernmental force,financing lease business will certainly developed with the Chinese economy in our country.At the same time,due to the lag of legislation,our country is still not publish a uniform Act of financing lease,the current regulation of the financing lease is the contract law,administrative rules and judicial interpretations and other normative documents.When the lessor and the lessee face bankruptcy liquidation,on the question of how to deal with the financing lease contract,the existing laws and regulations are still uncertain.First chapter of this article brief the financial leasing and bankruptcy.In the next chapter the article embarks from the ownership to the lease item in the financing lease,hold the ideal that the finance lease is from the origin and development of Anglo-American law system,the understanding of the essential of the financing lease law shall be from the perspective of pragmatism,weakening the concept of ownership which lies in civil law,meantime we should analysis of the financing lease contract involved in the bankruptcy proceedings case by case.In the third chapter we discuss the rules when the lessee enters into bankruptcy with financing lease contract,mainly analyzes the lessor's right to recall the lease and the lessee bankruptcy right of executory contract options,and discusses the calculation of the lessee bankruptcy claims in bankruptcy proceedings,at the same time puts forward the solution in case the lessee enters into bankruptcy when dealing with the financing lease contract,which is the lessee's right to sublet the lease.The Forth chapter discusses the rules of lessor bankruptcy which involved in financing lease,mainly analyzes the lessor executory contract options,discussed the lessor's choose to continue to perform the contract for financial leasing.It discuss the influence on the lessee?lessor and the stakeholders.It is concluded that for the benefit of the parties,the lessor shall choose to continue to perform the contract of financial leasing,and put forward the solution of bankruptcy property trust management to solve problem of financing leasing period longer than the bankruptcy liquidation period.The last chapter discusses the bankruptcy remote in asset securitization of financing lease,financing lease asset securitization is a financing model in the rapid development of our country,this article discusses bankruptcy remote in the financing lease assets securitization which is the two aspects of "special purpose vehicle which able to realize the bankruptcy remote" and "implementation real sales of based asset of securitization in financing lease",at the same time analyzes the rules in asset securitization of financing lease in the implementation of bankruptcy remote during the bankruptcy of the lessor or the lessee.