The Protection Of Lessee's Rights In Aircraft Financial Learning

With the continuous development of the aircraft transportation industry,the airline's model of introducing aircraft is also constantly innovated.From the initial direct purchase to the purchase of loans,to the current operating lease and financing lease introduction modes,the finance leasing industry has become the main way for airlines to introduce aircraft.The most important asset of the airline and the most important operational tool is aircraft.However,the aircraft industry is a capital-intensive industry and the aircraft is expensive.For general airlines,the financial pressure is high,and it is difficult for loan purchases to obtain large amounts of money through bank audits.Loans,a financing lease transaction method that meets the standards of the airlines came into being.Financial leasing can effectively reduce the operating costs of the airlines and ease the pressure of funding constraints.Aircraft finance leases are different from general finance leases.First,aircraft is expensive,and ordinary passenger aircraft are priced at a few thousand U.S.dollars.Second,aircrafts often need to move between countries.The characteristics of transnationality are obvious.Different countries have different legislative models.The legal requirements for financial leasing are also very different.In order to better promote the development of aircraft finance leases,countries and international organizations have successively formulated relevant international conventions to protect the international rights and interests of parties involved in financial leasing.The current international conventions on aircraft finance leases are mainly protocols to the Aircraft Protocol in the Cape Town Convention.China's accession to the Cape Town Convention in 2009,in accordance with the principle of abide by the principle of observance,should actively make corresponding amendments and improvements to domestic laws and respond to the relevant provisions of the Convention.In order to better promote the development of aircraft finance leases,countries and international organizations have successively formulated relevant international conventions to protect the international rights and interests of parties involved in financial leasing.The current international conventions on aircraft finance leases are mainly protocols to the Aircraft Protocol in the Cape Town Convention.China,as a member of the Cape Town from 2009,should make corresponding amendments and improvements to domestic laws actively and respond to the relevant provisions of the Convention,based on the principle of abiding.At present,the provisions of the Convention are more inclined to protect the rights of lessors in financial leases.Insufficient attention has been paid to the protection of the rights of lessees.China's air transport industry started late and is often in the position of lessee in aircraft finance leases.Therefore,the current provisions of the Convention are more inclined to protect the rights of lessors in financial leases.There are few references to the protection of the rights of lessees.Therefore,studies need to be conducted to explore how to protect the rights of lessees in aircraft finance leases.At present,there is no specific legislation for aircraft financing leases in China,which is mainly regulated by the relevant provisions of the "Contract Law" and "Civil Aviation Law".In order to better protect the interests of the lessee,some of these provisions should be adjusted.At the same time,the lessee himself must also seek multiple ways to establish a risk prevention mechanism.Faced with the situation where the domestic aircraft leasing market is mainly occupied by foreign leasing companies,China can learn from the experienced of developing more mature regions for financial leasing,innovate aircraft leasing models,develop leasing models that are suitable for the Chinese domestic market,further reduce the leasing costs of lessees,and promote the long-term development of the air transport industry.Based on the above ideas,the thesis is structured into four parts:The first part is about the concept and function of aircraft finance lease.Through the investigation of domestic and foreign legislations,the financial leasing of aircraft is clearly defined and the two main functions of aircraft finance leasing,namely guarantee and financing,are introduced.The unique advantages of the financial leasing method are summarized.The emergence and development prospects of aircraft financing leases are presented briefly..The second part examines the comparative method.The three main conventions on aircraft finance leases are described.The aircraft protocol in the Cape Town Convention is specifically developed for aircraft finance leases,and has a great impetus for the promotion of international aircraft leasing business,but focuses on renting party's protection.However our country's airlines are often in the position of lessees.That's why exploration of the tenant's protection mechanism is still needed.The third part is the charterer's rights and risks in aircraft finance leases.By describing the rights enjoyed by the lessee in aircraft finance leases and the various legal risks that they are often faced with in the form of case studies,the legal loopholes in China's aircraft finance lease are proposed.The fourth part is about the protection of the lessee's right to finance the aircraft.Through the analysis of the lessee's rights risk,the thesis proposes corresponding protection measures,revise and improve the domestic legal system,learn from the successful experience of foreign countries,and develop domestic companies specialized in aviation finance leases.