Research On The Protection Of The Lessor's Rights In Financial Leasing Contracts

Finance leasing is a kind of transaction mode which combines financing and equipment trading.It is very important for the development of China's manufacturing industry.However,due to the particularity of the financial lease contract itself,lessors should bear greater legal risks under the legal relationship of financial lease.As the lessor is the financial provider in the legal relationship of financial leasing,the protection of the legal rights and interests of the lessor is related to the healthy development of the financial leasing industry,and also affects the development prospects of China's manufacturing industry.This paper discusses and studies the protection of the lessor's rights under the financial lease contract.The first chapter of this paper is the introduction,which gives a brief introduction to the financial lease contract,combs the relevant research process of our country,and clarifies the research methods and writing structure of this paper.The second chapter of this paper gives an overview of the rights of lessors of financial lease contracts,and introduces in detail the concept of financial lease contracts,the legal relationship under financial lease contracts and the legal characteristics of financial lease contracts.The first chapter then discusses the rights and obligations of the lessor in the financial lease contract,and combs out the typical cases in which the lessor's rights may be damaged in practice.The third chapter of this paper specifically discusses the protection of the lessor's rights when the lessee refuses to pay the rent.Firstly,it discusses that the tenant's refusal to pay rent is a practical difficulty for the lessor to protect its own rights and interests.It specifically analyses how the two methods that the lessee can adopt are affected by realistic factors under the existing legal system,and puts forward relevant suggestions to improve the legislation in view of these realistic factors.The forth chapter of this paper discusses the protection of the lessor's rights when the lessee has no right to dispose of the subject matter.Firstly,the defects of the legal system established by the current judicial interpretation are discussed in detail.Then,from the perspective of the lessor itself,the lessor puts forward relevant suggestions to safeguard its own rights and interests.This paper discusses the methods of requiring the lessee to mortgage fixed assets,making public registration and strictly regulating the lessee's right to dispose of responsibilities.The fifth chapter of this paper discusses the protection of the lessor's rights when the lessee goes bankrupt.The bankruptcy of the lessee will endanger the lessor's rights in three main aspects.Therefore,the lessor should first take back the right through bankruptcy to protect its ownership of the subject matter.The lessor should also be good at utilizing the right of set-off of the bankrupt creditor to promote the repayment of its own creditor's rights as much as possible.Finally,the lessor can also maximize the protection of its own rights and interests by establishing a residual value recovery mechanism with the supplier.Finally,based on the full text,this paper summarizes the protection of lessor's rights in financial lease contracts under the current legal environment in our country.